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 William J. Harrington and Annie E. Railton | June 27, 2019
In their Federal Civil Enforcement column, William J. Harrington and Annie E. Railton discuss 'Azar v. Allina Health Services', which suggests a new line of attack on the aggressive use of regulatory guidance in FCA cases: challenges not to the appropriateness of looking to guidance documents in a particular action, but to the very validity of the guidance itself.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | June 25, 2019
In their Second Circuit Review, Martin Flumenbaum and Brad Karp discuss 'Kidd v. Thomson Reuters,' where the court determined for the first time that an entity must specifically intend to furnish a “consumer report” to qualify as a consumer reporting agency under the Fair Credit Reporting Act.
By Adam Cohen and Ambre McLaughlin | May 31, 2019
The problem involved with assessing and addressing fair allocation of cybersecurity responsibilities, in a new kind of commercial relationship with interactive, interconnected and interdependent IT products and services, reflects the need for lawyers to evolve if they aspire to competently serve enterprise clients.
New York Law Journal | Analysis
By Stephen M. Kramarsky | May 20, 2019
In his Intellectual Property column, Stephen M. Kramarsky discusses a recent SDNY decision involving unlawful access to electronically stored information, which can give rise to both state and federal claims for “hacking.” The employee in the case asserted those claims in both state and federal court. The doctrine of abstention provides federal courts a framework for exercising their discretion to abstain from adjudicating a matter, leaving it instead to the state court. However, in this case, SDNY declined to do so. Its opinion explains the bounds of the doctrine in this area, where the protections of state and federal law overlap.
New York Law Journal | Analysis
By Philip Berkowitz | May 8, 2019
In his Employment Issues column, Philip Berkowitz discusses a recent decision of the U.S. Court of Appeals for the Ninth Circuit, which provides a good illustration of the intersection between FCPA enforcement and whistleblower claims.
New York Law Journal | Analysis
By Juan Arteaga and Benjamin Sirota | May 1, 2019
This article discusses the principles underlying the Antitrust Division's historical “zero credit” policy toward compliance programs, the implications of recent shifts in this policy, and what broader shifts may be on the horizon. This article also discusses the factors that the Division is likely to find persuasive when determining whether to credit a corporate compliance program.
New York Law Journal | Analysis
By John G. Rich | April 10, 2019
A major trend in the investment advisory world has been the flight of brokers or advisors from the large wirehouse firms to small SEC or state Registered Investment Advisory firms. This article describes some of the forces driving this trend, and the legal implications for investors who may in future have claims against such brokers and their new firms relating to the handling of their investments.
By Edna Conway | March 1, 2019
The profound changes deriving from IT/OT convergence require us to take a fresh look at legal and regulatory norms that have stood for decades since the Industrial Era. We are in a radical new environment where exponential benefits and risks are now reality.
By Una A. Dean and Melis S. Kiziltay Carter | March 1, 2019
The draft Guidelines seek to clarify questions raised since the passage of the GDPR over the GDPR's extra-territorial reach, and they confirm that the GDPR's intended reach is well beyond the geographic confines of the European Union.
By Avi Gesser, Matthew A. Kelly and Samantha J. Pfotenhauer | March 1, 2019
In this article, the authors explore three important aspects of in-house counsel's duties related to cybersecurity incident preparation and response: (1) providing advice regarding the company's legal and regulatory obligations, especially with respect to breach notification; (2) engaging and coordinating external resources, including outside counsel and consultants; and (3) coordinating and managing internal and external communications.
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