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 Michael J. Riela and Richard W. Trotter | April 29, 2020
Distressed businesses that take proactive steps to preserve cash, cut costs, and increase liquidity will be better positioned to endure an uncertain economic environment. Similarly, creditors that act to limit their exposure to preference litigation can decrease their risk of surrendering the payments they received.
New York Law Journal | Analysis
By Corinne Ball | April 22, 2020
In her Distress Mergers and Acquisitions column, Corinne Ball discusses a decision that confirms the importance of intercreditor agreements as determinative of rights as among the creditors subject to the contract. This decision gives weight to the view that the bankruptcy court is not an appropriate forum for what is strictly an intercreditor dispute.
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | April 15, 2020
In their Taxation column, David E. Kahen and Elliot Pisem discuss the Coronavirus Aid, Relief, and Economic Security Act, particularly focusing on the loosening of limitations on the use of net operating loss carryovers and carrybacks by corporate and non-corporate taxpayers and of "excess business losses" by non-corporate taxpayers, including shareholders in S corporations and owners of equity interests in entities treated as partnerships for tax purposes.
By Joseph M. McLaughlin and Shannon K. McGovern | April 8, 2020
In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern write: The first wave of circuit guidance on the procedural and substantive implications of 'Bristol-Myers' for class actions brought in federal court has unfortunately failed to mitigate uncertainty about the timing and viability of jurisdictional challenges to nonresidents' putative class claims.
New York Law Journal | Analysis
By Barbara M. Goodstein | April 1, 2020
In a moment of true prescience in light of current circumstances, last year Congress amended the U.S. Bankruptcy Code by enacting the Small Business Reorganization Act of 2019 (SBRA). The SBRA is the federal government's latest effort to make bankruptcy reorganization a more attractive option for small businesses, something particularly important given the potential crippling economic effects of the current pandemic. Barbara M. Goodstein discusses the Act in this edition of her Secured Transactions column.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | March 25, 2020
In their Corporate Governance column, David A. Katz and Laura A. McIntosh discuss a number of considerations that need to be addressed by directors and senior management teams working together as they fulfill their oversight responsibilities during the COVID-19 pandemic.
New York Law Journal | Analysis
By John C. Coffee Jr. | March 18, 2020
In his Corporate Securities column, John C. Coffee Jr. writes: Practitioners, listen up! You need to unlearn much of what you think you know about the law of insider trading. That law is changing—and quickly. In addition, new legislation has passed the House by an overwhelming margin and could conceivably pass the Senate this year.
New York Law Journal | Analysis
By Philip M. Berkowitz | March 11, 2020
In this Employment Issues column, Philip M. Berkowitz discusses joint employer status and a number of recent changes on the issue, the upshot of which may be to reduce the number of federal employment related lawsuits and draw more of these claims into state courts, where the laws may be more favorably disposed toward employees, contractors, consultants, and similar workers.
New York Law Journal | Analysis
By William F. Johnson | March 4, 2020
Recent court cases and a DOJ whistleblower's memo have strongly suggested that prosecutors may be purposefully and wrongfully using the MLAT (mutual legal assistance treaty) request as a pretextual means of extending the statute of limitations rather than to obtain necessary evidence. In his Corporate Crime column, William F. Johnson explores the historical allegations of such misconduct, the potential for it to occur in the future, and what defense attorneys can do to protect their clients from it.
New York Law Journal | Analysis
By Corinne Ball | February 26, 2020
In her Distress Mergers and Acquisitions column, Corinne Ball discusses a recent decision in which the U.S. Court of Appeals for the Seventh Circuit held that the lien of a debtor-in-possession lender in a Chapter 11 proceeding has priority over valid reclamation claims held by a trade supplier.
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