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
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Elisa Hyder | September 27, 2024
In the case of Avion Funding v. GFS Industries (In re GFS Industries), the U.S. Court of Appeals for the Fifth Circuit held that corporate debtors that elect to proceed under Subchapter V of Chapter 11 are, pursuant to Section 1192 of the Bankruptcy Code, subject to the discharge exceptions set forth in Section 523 of the Bankruptcy Code.
Daily Report Online | Commentary
By Steve Groom | September 16, 2024
Business disputes present both challenges and opportunities.
New York Law Journal | Commentary
By Rachel Ehrlich Albanese, Dennis O'Donnell and Matthew Sarna | September 16, 2024
Debtors should carefully consider the impact of these contingencies in evaluating whether noncompete clauses survive rejection. Stepping back, companies should also review how they use noncompetes and explore other methods of safeguarding confidential data, intellectual property and trade secrets.
New York Law Journal | Commentary
By Kenneth A. Rosen | September 16, 2024
How do you check on a company's creditworthiness when the company is privately held and does not make its financial statements publicly available? The answer is that you need to check alternative sources of information for hints as to whether the company is experiencing problems.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | September 11, 2024
This case illustrates that the court generally will not use Section 205 to validate a deliberate, intentional violation of a statute to set the record date for a meeting, at least when a short period of time passes between the defective action and the court proceeding.
By Tom O'Brien, John Lawrence and Monica Smith | September 5, 2024
"Below are 10 principles that will guide the Texas business courts in breach of fiduciary duty litigation against corporate directors," write Baker Botts' Tom O'Brien, John Lawrence and Monica Smith.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner | September 4, 2024
In Gilbert v. Unisys, the Delaware Court of Chancery ruled that information technology company Unisys Corp. must advance legal fees incurred by two former employees. The underlying lawsuit filed by the company in Pennsylvania federal court alleges trade secret infringement by the former employees.
By Michael Napoli | August 30, 2024
"Bankruptcy practitioners have long recognized that traditional Chapter 11 reorganizations are too complicated, too lengthy and too expensive for any but the largest businesses," writes Michael Napoli of Akerman.
Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | August 28, 2024
In the wake of the U.S. Supreme Court's landmark decision this June in Harrington v. Purdue Pharma, the U.S. Bankruptcy Court for the District of Delaware recently addressed a question left open by the Supreme Court—whether a bankruptcy court may still issue a preliminary (i.e., temporary) injunction of a creditor's claims against a nondebtor.
Delaware Business Court Insider | Commentary
By Barnaby Grzaslewicz | August 21, 2024
The actual control theory is "not easy to satisfy." In its recent decision, Scianella v. AstraZeneca UK Limited, C.A. No. 2023-0125-PAF (Del. Ch. July 8, 2024), the Delaware Court of Chancery emphasized that plaintiffs have a steep burden even at the pleadings stage to demonstrate actual control.
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