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 Raymond C. Green | March 13, 2018
The Court of Appeals repeatedly teaches that where statutory language is clear and unambiguous, effect is to be given to the plain reading of the words used. The lesson no less serves Labor Law-based actions. Treatment of the subject necessitates questionings.
New York Law Journal | Analysis
By Shepard Goldfein and Karen Hoffman Lent | March 12, 2018
Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent write: After the U.S. Supreme Court issued decisions in 2012 and 2015 heightening judicial scrutiny of state action immunity, bipartisan efforts at both the state and federal levels have emerged in an attempt to minimize the potential for misuse of state action immunity, particularly among state professional licensing boards. With the Supreme Court set to hear oral arguments this month in yet another case involving state action immunity, further reform may be on the horizon.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | March 12, 2018
Technology Law columnists Richard Raysman and Peter Brown write: one of the law's most important functions is to resolve interpretative problems created by the use of ambiguous language in contracts; however, by the time a court is deciding the issue, costly litigation may have taken years. In a recent case in Pennsylvania, parties to a software development and license agreement confronted this unfortunate truth, and both left unsatisfied.
New York Law Journal | Analysis
By Carlos J. Cuevas | March 12, 2018
Under what circumstances should an attorney be disqualified from representing another party that is adverse to a present or former client of a former law firm for which the attorney was affiliated?
New York Law Journal | Analysis
By Raymond Radigan and David R. Schoenhaar | March 9, 2018
In this Trusts and Estates Law column, Raymond Radigan and David R. Schoenhaar focus on the nomination process of a guardian ad litem in the Surrogate's Court.
New York Law Journal | Analysis
By Mark A. Cuthbertson and Matthew DeLuca | March 9, 2018
While there is an extensive body of law on the First Amendment, New York courts have only addressed government social media in evidentiary disputes. However, recent decisions by the U.S. Supreme Court and a federal district court in Virginia suggest that the rigorous protections afforded to freedom of speech generally extend to the digital realm as well.
New York Law Journal | Analysis
By Joseph Lipari and Aaron S. Gaynor | March 8, 2018
In this Tax Appeals Tribunal article, Joseph Lipari and Aaron S. Gaynor celebrate the case of a man who was able both to reunite with his high school sweetheart in Paris and also to prevail over the claims of the New York State Department of Taxation and Finance.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | March 8, 2018
Eastern District Roundup columnists Harvey M. Stone and Richard H. Dolan discuss a decision to suppress defendant's statement to law enforcement made before any 'Miranda' warnings; a decision dealing with issues relating to punitive damages under the Americans With Disabilities Act; and a decision declining to resolve claims of proposed intervenors seeking restitution in a criminal case.
New York Law Journal | Analysis
By Michael B. Gerrard and Edward McTiernan | March 8, 2018
Environmental Law columnists Michael B. Gerrard and Edward McTiernan write: Under Barack Obama, climate litigation was mostly industry and red states seeking to block regulations. And now under Donald Trump, it is largely about environmental groups and blue states trying to preserve the rules adopted under President Obama, and to seek novel remedies to get around federal hostility to action on climate change.
New York Law Journal | Analysis
By David E. Gottlieb and Hilary J. Orzick | March 8, 2018
To provide even further confidentiality protection, sometimes a settling party will ask that the complainant's counsel be bound to a confidentiality agreement as well. This raises an important issue: Under the ethical rules, can a claimant's counsel agree to hold information regarding a publicly filed litigation as confidential?
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