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 David A. Katz and Laura A. McIntosh | July 24, 2019
In their Corporate Governance column, David A. Katz and Laura A. McIntosh discuss a Delaware Supreme Court decision and a DOJ guidance memorandum, which serve as powerful reminders that board oversight today is an active, not a passive, undertaking.
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 Jeremy H. Temkin | May 15, 2019
While U.S. taxpayers think of Switzerland and Caribbean islands as tax havens, many foreign nationals use U.S.-based vehicles to evade their own tax obligations. In this edition of his Tax Litigation Issues column, Jeremy H. Temkin discusses a recent filing seeking “John Doe summonses” based upon a treaty request from Finland, which serves as a reminder that offshore tax evasion is not a uniquely American problem.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | April 10, 2019
In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern discuss recent Delaware Court of Chancery decisions that have offered fine-grained guidance on the governance procedures a company must follow to invoke the adversity exception to directors' access, and the scope of permissible restrictions on access to company information.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | April 8, 2019
In their Technology Law column, Richard Raysman and Peter Brown discuss 'Silver Mgmt. Grp. v. AdvisorEngine', in which the Delaware Chancery Court dealt with a software license dispute that concerned both the payment and term provisions. The court found for the licensor on the term issue and the licensee on the fee issue.
New York Law Journal | Analysis
By Robert Malionek and Jon Weichselbaum | March 5, 2019
While parties to large purchase or merger transactions typically include material adverse effect (MAE) clauses in their agreements, there is little in the law for what establishes a “material adverse effect.” Parties to such transactions can find some guidance from the recent decision in 'Akorn v. Fresenius Kabi AG', which marked the first Delaware state court case to uphold a buyer's right to terminate a merger agreement on the basis of an MAE.
New York Law Journal | Analysis
By Mark D. Harris and Margaret A. Dale | February 21, 2019
Corporate and Securities Litigation columnists Mark D. Harris and Margaret A. Dale write: So-called “event-driven” securities class actions are on the rise, with data breaches representing one of the most significant categories of events driving this trend. How the courts will treat the proposed settlements that arise in these cases remains to be seen.
New York Law Journal | Analysis
By David Paul Horowitz and Lukas M. Horowitz | February 19, 2019
In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz discuss the recent decision in 'Aybar', in which the Second Department confronted the question of whether a foreign corporation's registration to do business in New York under BCL §§1301(a) and 1304(a)(6) constitutes consent to general jurisdiction in New York. The decision effectively shuts the door, for now, to a New York court's exercise of general jurisdiction over a corporate defendant which is neither incorporated, nor maintains it principal place of business, in New York.
New York Law Journal | Analysis
By Jeffrey S. Klein and Nicholas J. Pappas | February 5, 2019
Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas analyze 'NuVasive', and consider the extent to which §925 may provide employers with operations in California an opportunity to use the Represented Employee Exception to enforce non-competition agreements against California employees.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | January 10, 2019
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss three recent decisions, one which declined to realign a corporate defendant as a plaintiff in a diversity action; another which dealt with various issues in connection with a motion to suppress evidence in a criminal case; and the last which dismissed an action brought under the Federal Tort Claims Act relating to a murder in Panama.
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