Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | November 8, 2017
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. write: The CPLR is very liberal in allowing appeals as of right to be taken to the Appellate Division. However, this extremely broad right to appeal is limited by CPLR §5511 and available only to an “aggrieved party” who “may appeal from any appealable judgment or order except one entered upon the default of the aggrieved party.”
New York Law Journal | Analysis
By Alton L. Abramowitz | November 8, 2017
In his Divorce Law column, Alton L. Abramowitz writes: Since the adoption of the Income Tax, the U.S. Congress has repeatedly wrestled with the question of which taxpayers should be burdened with the payment of income tax in a myriad of situations, oftentimes in an effort to maximize the amount of tax that the government can collect. The latest effort to “reform” our income tax laws presents another example of where tax law and divorce law intersect.
New York Law Journal | Analysis
By Philip M. Berkowitz | November 8, 2017
In his Employment Issues column, Philip M. Berkowitz writes: Cross-border discovery is not a new phenomenon. Nor is the conflict that exists between broad U.S. discovery principles, on the one hand, and far more limiting laws of foreign countries, on the other. The issue, though, takes on new significance with the U.S. Supreme Court's acceptance of certiorari last month in 'Microsoft v. United States', where the Second Circuit quashed a search warrant seeking production of emails located on Microsoft's digital server in Ireland.
New York Law Journal | Analysis
By Daniel A. Cohen and Fielding Huseth | November 8, 2017
In this Outside Counsel column, Daniel A. Cohen and Fielding Huseth survey decisions across a variety of asserted breaches, to aid practitioners in determining when a court will issue a 'Yellowstone' injunction.
New York Law Journal | Analysis
By Kathleen A. Scott | November 7, 2017
In her International Banking column, Kathleen A. Scott discusses new international guidelines issued in October by the Basel Committee on Banking Supervision of the Bank for International Settlements. The guidelines are part of a continuing effort to strengthen oversight and regulation of the so-called “shadow banking system."
New York Law Journal | Analysis
By Dana M. Stutman | November 7, 2017
In this Outside Counsel column, Dana M. Stutman writes: It is time for the courts to place priority upon the emotional well-being of people that are divorcing (and their children) and to grant separations to parties as an interim step toward resolution.
New York Law Journal | Analysis
By Lewis R. Clayton and Eric Alan Stone | November 7, 2017
In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone write: In 'Star Athletica', the U.S. Supreme Court articulated a two-part test for determining whether the design of a useful article is eligible for copyright protection. They report here on the subsequent cases applying this test.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan Sack | November 6, 2017
In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the recent 'McDonnell' decision, particularly the effort of the Supreme Court to articulate limits on the reach of honest services fraud liability, and application of the decision in 2017 to several high-profile prosecutions of former high-ranking New York State politicians in the Second Circuit.
New York Law Journal | Analysis
By Gail Weinstein, Arthur Fleischer Jr., Philip Richter and Steven Epstein | November 6, 2017
Gail Weinstein, Arthur Fleischer Jr., Philip Richter and Steven Epstein write: After three decades of evolution of an analytical framework for judicial review of board decisions relating to merger and acquisition transactions, the Delaware courts have, in just the last few years, radically transformed M&A law.
New York Law Journal | Analysis
By Mark A. Berman | November 6, 2017
In his State E-Discovery column, Mark A. Berman writes: Warning—recent First Department decisions highlight the obstacles in preventing the disclosure of electronically stored communications between a client and personal counsel, and make clear that a party's admitted intentional destruction of emails from a personal email account, after the duty to preserve had been triggered, may well result in the imposition of spoliation sanctions.
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