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 Robert A. Schwinger | July 22, 2024
Even under the 2023 amendment to Rule 702 that attempts to curtail some courts' overly permissive approaches to 'Daubert', recent rulings show that expert blockchain analysis can indeed satisfy the gatekeeping threshold for admissibility in litigation.
New York Law Journal | Analysis
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | July 22, 2024
Often, when larger personal injury or wrongful death cases are resolved, the plaintiff's counsel will be asked "Would your client be interested in a structured settlement?" The purpose of this article is to assist counsel in understanding structured settlements and how to avoid certain pitfalls.
New York Law Journal | Analysis
By Anthony E. Davis and Janis M. Meyer | July 19, 2024
The New York State Bar Association Committee on Professional Ethics, which provides a valuable service to New York lawyers (and clients) by giving guidance to practitioners on ethical issues, has issued a number of ethics opinions in the past six months, a few of which are discussed in this article.
New York Law Journal | Analysis
By Robert W. Clarida and Thomas Kjellberg | July 18, 2024
Until the court squarely holds otherwise, plaintiffs seeking the benefit of the discovery rule will bear the burden of showing that no reasonable copyright owner, similarly situated, should have discovered the infringement before plaintiff did in fact discover it.
New York Law Journal | Analysis
By John Coffee | July 17, 2024
Everyone realizes that a Trump victory will likely trigger major reversals in securities regulation and SEC policies. In particular, the SEC's much discussed and much litigated climate disclosure rules may be abandoned by a Trump SEC. Alternatively, enforcement actions may just not be brought.
New York Law Journal | Analysis
By Jeremy H. Temkin | July 17, 2024
On July 1, 2024, the Supreme Court concluded its October 2023 Term. While the term will probably be best known for the presidential immunity decision, the court decided two cases addressing tax issues, and one non-tax case that will reduce the deference courts give the IRS's statutory interpretations and therefore will impact tax controversies for years to come.
New York Law Journal | Analysis
By Sandra Holtzman, David A. Kalow and Paula McConnell | July 17, 2024
Because AI is rapidly changing, it must be addressed from a risk perspective, as a new, but significant, demand for both policy and oversight. When ignored, AI will present one of the largest risks an organization can encounter. Preparing for and having a process for ongoing risk mitigation is a crucial requirement.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | July 16, 2024
The Court of Appeals recently handed down a significant decision that clarified the choice-of-law principles governing alleged breaches of fiduciary duties in international business disputes. The case questioned whether Scottish law or New York law should govern the fiduciary duty claims that arose from the merger.
New York Law Journal | Analysis
By Erin Applebaum and Taylor Sandella | July 16, 2024
Recent severe turbulence events have caused serious injuries and deaths to passengers, generating an upswing in public interest over a natural phenomenon that is now more dangerous than ever before.
New York Law Journal | Analysis
By Katryna L. Kristoferson and David Paul Horowitz | July 15, 2024
The previous two installments of this column discussed CPLR 2104 and focused on how to create a binding and enforceable stipulation under the statute. Having addressed the mechanics of the three statutory methods, there remain a number of practical considerations when drafting and/or seeking enforcement of stipulations.
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