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 Andrew C. Kassner and Joseph N. Argentina Jr. | June 3, 2024
In 530 Donelson, the U.S. Bankruptcy Court for the Middle District of Tennessee recently considered whether orders entered by a Tennessee state court appointing and empowering a receiver deprived the limited liability company's owners of authority to file a bankruptcy case for the company.
Delaware Business Court Insider | Commentary
By Molly DiBianca | May 29, 2024
If the final rule is upheld, Delaware's approach to employment-related restrictive covenants will change significantly.
The Legal Intelligencer | Commentary
By Jay A. Dubow, Joanna Cline and Connor B. DeFilippis | May 28, 2024
Judge Frank Easterbrook, disenchanted with the current "federal practice" of plaintiffs attorneys extorting fees in disclosure cases without conferring a meaningful benefit on stockholders, penned the opinion for a two-judge panel rejecting such fee agreements and empowering shareholders and federal courts alike to scrutinize these fees going forward.
Delaware Business Court Insider | Commentary
By Barnaby Grzaslewicz | May 22, 2024
Parties to transaction agreements often choose Delaware as the exclusive forum for disputes arising out of their transactions. This is common, where the parties are from diffuse geographic locations, but desire a single forum well-versed in corporate and commercial law—like Delaware—to resolve their disputes.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Drew S. McGehrin | May 20, 2024
The Bankruptcy Code has excepted certain debts that are incapable of being discharged as a matter of right, including, without limitation, certain "qualifying" loans used to fund a debtor's education. For a debtor to be able to receive a discharge of such loans, the debtor must file a lawsuit and obtain a judgment determining their dischargeability.
Daily Business Review | Commentary
By Peter Gampel | May 17, 2024
A forensic accountant, litigation consultant or a business valuation expert is often tasked with the prospect of "interpreting" clauses in an agreement from a financial point of view without expressing a legal opinion. In addition, the expert may be required to then determine the financial consequences of that interpretation.
Delaware Business Court Insider | Commentary
By Albert J. Carroll | May 15, 2024
In re Carvana Stockholders Litigation is another example of a board successfully employing this process to discontinue a derivative suit after directors weighed the pros and cons and made a good faith business judgment to dismiss.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Heather P. Smillie | May 3, 2024
In a recent decision, the U.S. District Court for the District of Delaware upheld a bankruptcy court's ruling that a liquidating trust had the authority to pursue not only estate causes of action, but also third-party claims held by preference defendants and turned over to the trust as part of preference claim settlement consideration.
Delaware Business Court Insider | Commentary
By Kaan Ekiner and Mark E. Felger | May 1, 2024
In Pilot v. Greg Abel, Vice Chancellor Morgan T. Zurn granted a motion to strike the defenses of unclean hands and in pari delicto because the defenses lacked a sufficient nexus to the contractual claims asserted by the plaintiff.
Delaware Business Court Insider | Commentary
By Lawrence J. Kotler | April 24, 2024
The equity owner asserted that the confirmation order that was previously entered by the court should be revoked based on the equity owner's claim that value was lost due to improper sale and marketing efforts by the debtors and its professionals both pre- and post-bankruptcy and, as such, they should have been "in the money" and entitled to a distribution under the confirmed plan.
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