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 Edward M. Spiro and Christopher B. Harwood | April 15, 2024
In 'In re Grand Jury Subpoena Dated February 22, 2024, 2024', Judge Jesse Furman of the Southern District of New York confronted whether the Second Circuit's 'Martindell' test extends to protective orders issued by an arbitrator rather than by a district judge.
New York Law Journal | Analysis
By Curtis B. Leitner and Trevor J. Larrubia | April 15, 2024
This article highlights competing New York case law when it comes to termination procedures laid out in employment contracts, as well as the implications of it.
New York Law Journal | Analysis
By David M. Barshay and Steven J. Neuwirth | April 12, 2024
Motorized scooters, mopeds and E-bikes are becoming more popular in both New York state and nationally. Several pieces of legislation have been passed allowing or expanding the use of lower speed E-bikes and E-scooters. Yet, the convenience and affordability also comes with a price in the form of injuries, sometimes fatal.
New York Law Journal | Analysis
By Thomas E. L. Dewey | April 12, 2024
In 2010, the former owners of the Peter Cooper Village and Stuyvesant Town property defaulted on their mortgage. Five years later, that property was sold at a profit that paid off outstanding principal and interest. Litigation then ensued over the allocation and distribution of certain excess proceeds from the sale.
New York Law Journal | Analysis
By Samuel Estreicher | April 11, 2024
Section 1595(a) of the TVPRA provides a civil remedy against perpetrators and anyone who "knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation." The use of a "knowingly benefits" standard of liability is fairly novel and raises some important questions.
New York Law Journal | Analysis
By Karen Hoffman Lent and Kenneth Schwartz | April 11, 2024
The FTC and DOJ are geared up to investigate and challenge serial acquisitions or roll-ups by private equtity firms. Many of these transactions have flown "under the radar" because they were below the Hart-Scott-Rodino Act's reporting threshold.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | April 10, 2024
While RWI policies are manuscripted policies separately negotiated for each transaction, the vast majority contain arbitration clauses, meaning that claim disputes are resolved privately without published court rulings. The recent ruling in 'Novolex Holdings v. Illinois Union Insurance' sheds some light on one of these claim disputes, while also providing important lessons for insurers and M&A practitioners.
New York Law Journal | Analysis
By Lara Flath, Jacob Fargo and Gaby Colvin | April 10, 2024
This article explores so-called "scrivener's errors"—a mistake that occurs when parties have reached a mutual oral agreement but the signed writing does not express that agreement and one of the parties seeks to reform the contract.
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | April 10, 2024
'Fischer' presents an interesting test of whether SCOTUS will continue its "unmistakable" message that courts should not assign federal criminal statutes a potentially wide-ranging scope "when a narrower reading is reasonable." To court watchers, the odds appear to be against affirmance. The case's potential impact on the Trump prosecution makes it all the more intriguing.
New York Law Journal | Analysis
By Mayling Blanco, Katey Fardelmann and Lucy Hoffman | April 9, 2024
This article discusses the recently enacted Foreign Extortion Prevention Act, which—unlike the Foreign Corrupt Practices Act—focuses on the demand-side of bribe payments. But will FEPA also create more potential exposure for U.S. entities? What should U.S. companies do today to prepare?
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