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
Corporate Counsel | Expert Opinion
By Tarifa Laddon, Lexi Fuson, Lisa Dunkin and Alexis Knutson | September 12, 2022
Now more than ever, corporate litigants want representation that embodies the spirit of diversity. Jurors want to see and hear from lawyers who look like them, and litigants want representation that brings a diverse set of experiences and backgrounds into the courtroom.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | September 7, 2022
When a controlling stockholder is on both sides of a transaction, the Delaware courts' most searching standard of review, entire fairness, is likely to apply. That generally means that a plaintiff who can credibly allege unfairness is likely to survive a motion to dismiss. It does not follow, however, that plaintiff will prevail at trial.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | August 31, 2022
In Miller v. Black Diamond Capital Management (In re Bayou Steel BD Holdings), Adv. Pro. No. 21-51013 (KBO), 2022 WL 3079861 (Bankr. D. Del. Aug. 3, 2022), U.S. Bankruptcy Judge Karen B. Owens held that Delaware's three-year statute of repose on the liability of a member for distributions from a limited liability company, measured from the date of distribution, was preempted by Section 546 of the Bankruptcy Code.
Corporate Counsel | Expert Opinion
By Scott Forman | August 30, 2022
A retroactive analysis of litigation data can help legal departments identify trends and determine where to allocate resources to reduce the likelihood of future litigation. But as the legal risks facing companies grow and intensify, it's critical to leverage data to keep looking for earlier and earlier indicators of risk.
Law.com | How I Made It|Profile|Q&A
By Tasha Norman | August 30, 2022
Advocate for others early and often. Advocate for yourself too—don't be passive.
Delaware Business Court Insider
By Ellen Bardash | August 25, 2022
The Delaware Court of Chancery issued three decisions on the discovery impasse between Elon Musk and Twitter.
Delaware Business Court Insider | News
By Ellen Bardash | August 24, 2022
"What Twitter is really saying to the court is, 'it doesn't matter. Trust us,'" an attorney for Elon Musk said to the Chancery Court. Musk wants to see Twitter's measurements of its monetizable daily active users.
Delaware Business Court Insider
By Ellen Bardash | August 23, 2022
The 10-page decision found in Twitter's favor on two of its five requests, but Chancellor Kathaleen McCormick wrote she'd give Musk leeway on the other three as the parties sit less than eight weeks out from a trial over a proposed $44 billion merger.
Delaware Business Court Insider | Commentary
By Molly DiBianca | August 17, 2022
In a recent decision, Metro Storage International, v. Harron, C.A. No. 2018-0937-JTL (Del. Ch. May 4, 2022), the Delaware Court of Chancery made clear that executives who engage in double dealing will pay a high price for their bad acts.
Delaware Business Court Insider | Commentary
By Robert B. Greco and Brian T.M. Mammarella | August 17, 2022
Where a literal reading yields a result at odds with what the drafters would have reasonably intended (which itself derives from the commercial context evidenced in plain terms throughout the instrument), literal meaning gives way to a more nuanced "objective" meaning. This article explores the application of this key precept in the interpretation of charters and bylaws.
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