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 John Feerick and Linda Gerstel | May 4, 2022
Identifying the need and promoting the use of facilitation not only when a crisis hits the front pages of our newspapers but also in a pre-dispute setting would be an important first step in launching the field to assist with multi-player and stakeholders' disputes.
By Mark A. Berman | May 2, 2022
Can a series of emails constitute an enforceable settlement agreement? Yes, but it depends.
New York Law Journal | Analysis
By David E. Schwartz and Emily D. Safko | April 27, 2022
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (SASH Act) amends the Federal Arbitration Act to prohibit employers from enforcing predispute arbitration agreements or joint-action waivers relating to sexual assault or sexual harassment disputes brought under federal, tribal or state law.
By Zack Needles | Alaina Lancaster | April 19, 2022
In this episode, Law.com's Bruce Love speaks with Andrii Humenchuk, GC at Evo, the largest ecommerce company in Ukraine, and Tai-Heng Cheng, co-head of Sidley's international arbitration and trade practice.
New York Law Journal | Commentary
By Mark J. Bunim | April 19, 2022
There is no doubt that the virtual vs. in-person dilemma in insurance cases will be with us in both mediation and arbitration for the foreseeable future.
New York Law Journal | Analysis
By David E. Gottlieb | April 8, 2022
This article provides a discussion of the recently enacted Ending Forced Arbitration for Sexual Harassment and Sexual Assault Act, which makes unenforceable any pre-dispute arbitration agreement for any case filed that "relates to [a] sexual assault dispute or the sexual harassment dispute." As the author writes: This "relates to" language is not insignificant—it dramatically expands the scope of the law."
New York Law Journal | Analysis
By Nicholas J. Pappas | April 5, 2022
In this edition of his Employment Law column, Nicholas J. Pappas reviews the pros and cons of arbitration agreements and programs in light of Congress's recent amendment of the FAA to make mandatory pre-dispute agreements to arbitrate sexual harassment and sexual assault disputes unenforceable.
New York Law Journal | Analysis
By Myrna Barakat | April 1, 2022
In two recent cases arising from a single arbitration, the courts of England and France reached opposite results on what law governs the parties' agreement to arbitrate. These two divergent views led to two significantly different outcomes highlighting the pitfalls of international arbitration: The UK Supreme Court denied enforcement of the arbitration award while the French court upheld it. This article explores the circumstances that led to this awkward outcome and the key takeaways.
By Charles Toutant | March 28, 2022
"The lesson on the employer side is, if you want your employees bound to certain provisions, whether they be arbitration provisions or restrictive covenant provisions, do not include them in a document which says repeatedly throughout, 'this is not binding, this is not a contract of employment," said the plaintiff's lawyer Marc Garbar.
New York Law Journal | Analysis
By John Fellas | March 25, 2022
In his International Arbitration column, John Fellas discusses non-signatories to arbitration agreements, highlighting the issue that U.S. courts hold that a non-signatory may rely upon an arbitration clause against a signatory, but not the other way around. No U.S. case has fully articulated the rationale for this theory or fully explained why these two situations should be treated differently.
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