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 Joel R. Brandes | March 22, 2024
One of the most perplexing problems that a matrimonial attorney will face is deciding whether or not to take the chance of antagonizing the judge assigned to a case of hers and moving for his or her recusal. Although a judge may act gruff, be antagonistic or treat the attorney poorly, this is not a basis for recusal.
New York Law Journal | Analysis
By Derrick Carman | March 22, 2024
The recent case of 'In re Cellect' serves as a warning to patent owners who rely too heavily on the USPTO to completely and accurately examine their patent applications. This article presents patent owners with several options to consider to avoid a fate similar to Cellect.
New York Law Journal | Analysis
By Ian G. DiBernardo and Brandi Howard | March 22, 2024
Whether a provider or a consumer of data and AI services, companies must think through intellectual property and related contractual risks—both retrospectively, in terms of legacy customer agreements and prospectively, in terms of reworking them.
New York Law Journal | Analysis
By Dyan Finguerra-DuCharme, Felicity Kohn and Abla Belhachmi | March 22, 2024
This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.
New York Law Journal | Analysis
By Barry Werbin | March 22, 2024
Creators using generative AI without meaningful human contributions should presume that the resulting content will not be protected by copyright, apart from potential compilation protection. The prospect of Congress legislating in this area in the near- to mid-term future is low.
New York Law Journal | Analysis
By John Lyddane | March 21, 2024
It is a broadly accepted principle of damages under New York tort law that no recovery should be allowed for losses in which the person injured could have prevented by reasonable effort. A review of the reported decisions on point reveals that issues of mitigation of damages are often litigated in architectural and legal malpractice cases, but less so in medical malpractice cases.
New York Law Journal | Analysis
By Arthur J. Ciampi and Maria L. Ciampi | March 21, 2024
In their Law Firm Partnership Law column, Arthur Ciampi and Maria Ciampi ring some warning bells regarding potentially harmful law firm partnership agreement provisions in the hope of keeping our readers out of harm's way.
New York Law Journal | Analysis
By Kathryn L. Barcroft | March 20, 2024
While Title VII and state and local human rights laws endow many women with the opportunity to challenge adverse actions based on sex discrimination, affording power to victims and bystanders requires increasingly holding all accountable to rumors, thereby challenging women and men alike to undermine the sexual double standard and advance equity within the workplace.
New York Law Journal | Analysis
By John Coffee | March 20, 2024
Few principles of law are as universally respected by U.S. courts as the "internal affairs rule." All state jurisdictions at least formally subscribe to this rule, and the Supreme Court has hinted it may be constitutionally required. Nonetheless, the New York Court of Appeals has agreed to hear a case asking the court to replace the traditional rule with an "interest-balancing" test.
New York Law Journal | Analysis
By Jeremy H. Temkin | March 20, 2024
Lawyers involved in planning cross-border transactions and those litigating subsequent disputes need to be cognizant of what privileges apply in all relevant jurisdictions and take steps to ensure that communications will be protected in each jurisdiction.
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