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 Samuel Estreicher and Holly H. Weiss | March 16, 2018
In their Arbitration column, Samuel Estreicher and Holly H. Weiss write: The Supreme Court has taken up two questions for review: (1) whether a dispute over applicability of the Federal Arbitration Act (FAA)'s Section 1 exemption must be resolved in arbitration pursuant to a valid delegation clause; and (2) whether the FAA's Section 1 exemption, which applies only to “contracts of employment” involving transportation workers, is inapplicable to agreements establishing an independent contractor relationship.
By Joshua Gold and Peter A. Halprin | February 9, 2018
A recent English decision, 'Allianz Insurance PLC v. Sirius International Insurance Corporation', illustrates how tricky qualification provisions can be and the importance of having such provisions drafted in a clear and unambiguous fashion.
New York Law Journal | Analysis
By Robert B. Davidson and Cliff Bloomfield | February 7, 2018
It is submitted that an applicant for interim or emergency relief should only be required to establish that immediate loss or damage will result if relief is not granted, that it has an arguable case on the merits and that the equities are balanced in its favor. “Irreparable harm” and “likelihood of success” should not be an arbitrator's guiding star.
By Charles Toutant | January 12, 2018
TD Bank has agreed to a $7.5 million settlement of suits claiming that its Penny Arcade coin-counting machines shortchanged depositors.
New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | December 12, 2017
Mediation columnists Abby Tolchinsky and Ellie Wertheim write: While resolution of harassment claims with monetary settlements and non-disclosure agreements provide some recourse, several questions are left open. Namely: How can a victim's voice and story be heard? How should a perpetrator be held accountable? What is the effect of non-disclosure agreements on the deterrence of future (mis)conduct by the perpetrator?
New York Law Journal | Analysis
By Robert D. Lang and Andrew D. Harms | November 29, 2017
In the experience of authors Robert D. Lang and Andrew D. Harms, the plaintiff's attendance at a mediation can mean the difference between a swift resolution, and none. They explain why, both from the plaintiff's and defendant's perspectives.
New York Law Journal | Analysis
By Larry S. Schachner | November 27, 2017
Larry S. Schachner writes: In most instances, deciding to mediate or litigate is a key moment in the life of a case.
New York Law Journal | Analysis
By Christopher Ryan, Jonathan Greenblatt, Henry Weisburg | November 27, 2017
Christopher Ryan, Jonathan Greenblatt, Henry Weisburg write: Accessing international investment law protection may allow foreign investors to protect themselves against certain adverse government action. Applying at ounce of prevention that the earliest possible stage can give investors a degree of security otherwise not available to them.
By Michael Dolinger | November 27, 2017
Michael H. Dolinger writes: Success in mediation depends not only on the skills of the mediator, but on the approach of counsel and clients.
New York Law Journal | Analysis
By Michael Weber | November 27, 2017
Michael Weber writes: As the U.S. Supreme Court again revisits issues related to employment arbitration agreements in a series of cases involving class and collective action waivers, we revisit the advantages and disadvantages of implementing a workplace arbitration program.
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