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 Carolyn Boucek | December 8, 2021
Given the perpetually crowded nature of federal dockets, limited judicial resources, and current backlog of cases due to COVID-19, it is possible that the legal community will see the Colorado River abstention doctrine used with increased frequency to reroute certain federal cases to state courts.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | December 8, 2021
The vested rights doctrine allows a property developer to proceed with a project under the rules and regulations in place at the time that its rights vested, despite subsequent changes to the law.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | December 8, 2021
A plaintiff seeking to bring derivative claims on behalf of a Delaware corporation bears a heavy burden if she has not made demand and seeks to demonstrate that demand would be futile based on directors' alleged substantial risk of personal liability from approving the transaction under attack.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Brian T.M. Mammarella | November 17, 2021
Stockholder-plaintiffs have filed a number of complaints in the Delaware Court of Chancery challenging at least five mergers involving Delaware special purpose acquisition companies (SPACs) in the last four months alleging that the SPAC's failure to solicit a "class vote" of the SPAC's Class A Common stockholders in connection with certain amendments to the SPAC's certificate of incorporation violates the requirements of Section 242(b)(2) of the Delaware General Corporation Law (the DGCL).
The Legal Intelligencer | Commentary
By Maxwell Briskman Stanfield | November 12, 2021
Clients will often brush this off with the rationale that all the current members "are friends," or a change of ownership/control is, in their minds, so far in the future that it is something that can be dealt with at that point in time.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Elisa Hyder | November 11, 2021
In Burton v. Maney (In re Burton), 610 B.R. 633 (B.A.P. 9th Cir. 2020), the Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit…
The Legal Intelligencer | Commentary
By Edward T. Kang and Ryan T. Kirk | November 4, 2021
This article will discuss briefly the history of qui tam litigation, its interplay with piercing theories and the particular utility of these types of suits in the health care context.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | November 3, 2021
Superior Court Judge Paul R. Wallace addressed two issues raised by subpoenas issued pursuant to foreign letters rogatory: whether the Superior Court or the foreign court should hear disputes concerning the propriety and scope of the subpoenas, and whether to shift costs from the nonparty to the party requesting the discovery.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Marcy J. McLaughlin Smith | October 28, 2021
Nowhere else is the old saying "you can't escape death and taxes" better exemplified than in Chapter 11. Under the Bankruptcy Code, debtors are subject to stringent reporting and fee requirements imposed by the Department of Justice and the Office of the U.S. Trustee.
Delaware Business Court Insider | Commentary
By Michael Dockterman | October 27, 2021
In the case I just tried, a hybrid solution for court proceedings was smartly implemented by the Delaware Court of Chancery where the court suggested using a third-party technology solution provider to handle the logistical and technical complexities of a hybrid trial in a complex litigation matter.
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