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 Jill Backer | March 19, 2018
Career centers at law schools are faced with the sometimes competing interests of reporting data and building a service relationship with their new graduates. The regulators and indeed the legal profession as a whole need to decide what is important.
New York Law Journal | Analysis
By John L.A. Lyddane | March 16, 2018
Medical Malpractice Defense columnist John L.A. Lyddane writes: The notice to admit will remain as a tool among others to be used in preparing the defense as cases approach resolution. The trial courts will be faced with issues resulting from its use, however infrequently.
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.
New York Law Journal | Analysis
By Steven Cordero | March 16, 2018
How could a statute enacted to protect children from online pornography become the shield for the online sale of children for sex?
New York Law Journal | Analysis
By Ben Rubinowitz and Evan Torgan | March 15, 2018
Trial Advocacy columnists Ben Rubinowitz and Evan Torgan write: Concurrent or overlapping surgeries are becoming more common in major teaching hospitals. Although studies have suggested that the practice can be performed without endangering patient safety, the attorney prosecuting such a case should focus on the motives behind the practice. Developing “case frames” such as profit over safety will certainly answer questions in the minds of jurors as to who benefits from double booking.
New York Law Journal | Analysis
By Jerry H. Goldfeder | March 15, 2018
Government and Election Law columnist Jerry H. Goldfeder addresses the question of whether voters should retain the choice of voting for a candidate with a checkered past, or even a “carpetbagger.”
New York Law Journal | Analysis
By Diane Goldstein Temkin and Barry R. Temkin | March 15, 2018
The Rules of Professional Conduct allocate primary decision-making about fundamental strategic issues to the client. While superseding the client's decision-making with that of the lawyer is permissible for routine tactical matters, that is not the case for fundamental decisions such as whether or not to plead guilty, whether to settle a civil case, whether to go to trial, whether to assert an insanity defense, or whether to concede guilt at trial in the hope of averting greater punishment.
New York Law Journal | Analysis
By John C. Coffee Jr. | March 14, 2018
Corporate Securities columnist John C. Coffee Jr. writes: Once upon a time, courts might wink and nod at “merger objection” cases and cooperate in their settlement. But with these cases now approaching 50 percent of all securities class actions, this “business-as-usual” approach cannot (and should not) continue. As a result, this may be the best of times for the established plaintiff's bar in securities class actions and the worst of times for the others.
New York Law Journal | Analysis
By Jeremy H. Temkin | March 14, 2018
In his Tax Litigation Issues column, Jeremy H. Temkin writes: In recent years, the Internal Revenue Service's dwindling budget has decreased the number of tax investigations and prosecutions, heightening questions regarding the effectiveness and fairness of predicating deterrence on ratcheting sentences even higher as opposed to increasing the likelihood of detection.
New York Law Journal | Analysis
By Lynn K. Neuner and William T. Russell Jr. | March 14, 2018
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Forman v. Henkin', a unanimous decision in which the court held that the normal rules of discovery applied to a party's social media posts and the mere fact that certain information had been designated “private” did not require a higher or different discovery standard.
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