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
By James V. Masella III and Brad Gershel | June 10, 2024
A discussion of the "saga" surrounding 'SEC v. Digital Licensing Inc., d/b/a DEBT Box.' The authors examine how an aggressive attempt to halt alleged fraud evolved into a case of regulatory overreach.
New York Law Journal | Analysis
By Barbara M. Goodstein and Adam C. Wolk | June 5, 2024
The recently decided Southern District of New York case of 'CCO Condo Portfolio (AZ) Junior Mezzanine v. Feldman' hinged on whether a UCC Article 9 foreclosure was conducted in a commercially reasonable manner.
New York Law Journal | Analysis
By Kevin V. Small, Joseph J. Saltarelli and Charlotte Leszinske | May 14, 2024
This article is part two in a series explaining the fundamentals of Commercial Division practice. It addresses the first steps taken when litigating in the Commercial Division, including preparation and filing of pleadings, appearances and corporate disclosure statements.
New York Law Journal | Analysis
By Jeremy A. Cohen | April 29, 2024
The Court of Appeals recently took up successor jurisdiction for the first time. In response to a question certified to it by the Second Circuit, the court held that an entity that acquires all of another entity's liabilities and assets also inherits the selling entity's jurisdictional status.
The American Lawyer | Analysis
By Justin Henry | April 16, 2024
"The skillsets we were developing as associates were largely transferable," said Evan Meyerson, a former Paul Weiss associate who moved to Burford Capital. "A big part of litigation strategy is thinking about what the other side thinks about your case and the job at Burford is to think through these investments as a devil's advocate."
By Andrew Denney | April 11, 2024
Commercial Division was already hearing tech cases, and that litigants have long been allowed to have court-appointed referees preside over their commercial disputes, prior to the chief administrative judge's order. But the court's advisory council recommended adding specific language to its rules to better educate the bar on the court's offerings.
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.
By Emily Saul | April 9, 2024
The decision from Manhattan Supreme Court Judge Andrea Masley, of the Commercial Division, is a win for Bermuda-based insurance holding company James River Group Holdings. James River is represented by Debevoise & Plimpton.
New York Law Journal | Analysis
By Alyx Pattison and Emily Tillett | April 5, 2024
Proactive commercial litigation and arbitration to recover significant damages have become more common. We are seeing businesses put in place additional measures to ensure that when they must litigate, they do so in the most efficient and effective manner for the organization. This article explores common themes and benefits.
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