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 | Expert Opinion
By Paul Greene | May 26, 2023
The NY Department of Financial Services published a consent decree last week where a crypto company was fined $1.2 million for not conducting proper information security risk assessments and using template policies, without customizing them to fit the company. This article discusses this consent decree and the importance of robust risk assessment procedures and tailoring an information security program to an organization's specific needs.
New York Law Journal | Expert Opinion
By Anthony Michael Sabino | May 25, 2023
Part one of a two-part article regarding the new Supreme Court decision in 'Axon Enterprise v. F.T.C.' This first article discusses the precedent leading up to 'Axon.'
New York Law Journal | Expert Opinion
By Bruce J. Bergman | May 24, 2023
The running of the statute of limitations is assuredly a major and continuing problem for mortgage holders—typically encountered not surprisingly in the mortgage foreclosure action itself. That danger is exacerbated by the foreclosure abuse prevention act which denies to a foreclosing party the right to unilaterally withdraw an acceleration or cancel it by discontinuing the action. But the concept is not confined solely to that arena. Rather, it can apply to what might be seen as peripheral pursuits, for example, the strict foreclosure.
New York Law Journal | Expert Opinion
By Scott Mollen | May 23, 2023
Scott Mollen discusses "Mutual Redevelopment Houses Inc. v. Metro. Transp. Auth," where an MTA's subway project was found to be exempt from environmental review and "Chai Found. Inc. v. NYS Div. of Hous. & Cmty. Renewal," where a DHCR rent reduction based on reductions in 'essential services' was upheld.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | May 23, 2023
A recent decision by the New York Court of Appeals discusses whether the New York State Department of Environmental Conservation or municipal authorities can regulate certain portions of the state's mining industry.
New York Law Journal | Commentary|Expert Opinion
By Toby Kleinman | May 22, 2023
Where there is domestic violence or allegations of child abuse this broad statutory power by the court may be problematic and revisions may need to be considered by the legislature, limiting a judge's discretion.
New York Law Journal | Expert Opinion
By Lisa A. Linsky, Greer Griffith, Elizabeth Rodd, and Max Kellogg | May 22, 2023
In light of recent changes to New York's statutes of limitations for both minor and adult survivors of sexual abuse, these types of civil claims can put organizations – and their board and senior executives – in a difficult and uniquely vulnerable position. This article examines and clarifies the confusing patchwork of statutes of limitations now in play under these new laws. Organizations need to understand these laws, and depending on whether a matter is or is not viable, prepare accordingly.
New York Law Journal | Expert Opinion
By Robert A. Schwinger | May 22, 2023
Utah recently passed novel legislation granting "decentralized autonomous organizations"—often referred to as "DAOs"—their own recognized form of legal existence and providing for limited liability. This new kind of legal entity has several distinctive attributes, including some intended to help DAO members remain anonymous. But questions loom about how Utah's hopes for DAO member anonymity will fare when they come up against recently adopted provisions under U.S. federal law that seek to promote transparency by forcing disclosure of the individuals who stand behind legal entities. Can this seeming conflict be resolved? Can the autonomous ultimately remain anonymous?
New York Law Journal | Expert Opinion
By Matthew Biben and Jamie Dycus | May 19, 2023
A discussion on how the Consumer Financial Protection Bureau has doubled down on its aggressive approach to bringing enforcement actions that challenge allegedly abusive acts and practices.
New York Law Journal | Expert Opinion
By Evan T. Barr | May 18, 2023
In the wake of the recent indictment of Representative George Santos on 13 counts of wire fraud, money laundering, theft and false statement crimes in the Eastern District of New York, some journalists have speculated as to whether Santos might try to negotiate a plea bargain where he would offer to resign from his office in exchange for a reduction in the severity and/or number of charges he is facing. But under an obscure Eastern District decision, a court might well invalidate any such deal as a violation of the separation of powers doctrine.
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