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 David C. Singer | December 23, 2020
Commercial arbitration is flourishing in New York because parties voluntarily agree that arbitration is the preferred method for addressing and resolving disputes that may arise from their contractual relationships. For a wide range of reasons, the freedom of contracting parties to make that choice is a good thing.
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | December 16, 2020
A taxpayer suffers a loss by reason of errors made by a tax advisor, and the tax advisor makes a payment to compensate the taxpayer for the loss. May the payment be excluded from the taxpayer's income subject to tax? In this edition of their Taxation column, David E. Kahen and Elliot Pisem discuss a recent decision in which the Eleventh Circuit court concluded that the taxpayers before it could not exclude the payment at issue from income.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | December 9, 2020
State court enforcement of exclusive federal forum provisions for 1933 Act claims is the final step to issuers and other participants in securities offerings subject to the 1933 Act curbing duplicative state court litigation, and recent California decisions provide important guidance toward that objective.
New York Law Journal | Analysis
By Barbara M. Goodstein | December 2, 2020
In this edition of her Secured Transactions column, Barbara M. Goodstein discusses a recent ruling by the New York Court of Appeals in a case involving strict foreclosure. She writes: While the decision has received considerable attention for the potential power it gives to minority noteholders, it also leaves unanswered questions as to whether the effects on that foreclosure of UCC §$9-620-9-622 were properly considered.
New York Law Journal | Analysis
By Angela Turturro | November 18, 2020
In his Corporate Securities column, John C. Coffee Jr. discusses a proposal by the U.S. Chamber of Commerce to the SEC, one which places the SEC at the top of a very slippery slope. The proposal, which seeks to bar liability for certain COVID-19-related statements, would go well beyond the existing statutory safe harbor and cover statements that are expressly not covered by the existing safe harbor.
New York Law Journal | Analysis
By Philip Berkowitz and Devjani Mishra | November 10, 2020
Just as many individuals are anxious to get back to bars and restaurants, concerts, theater, and family gatherings, these desires must be tempered by the risks that this behavior presents. In this Employment Issues column, Philip M. Berkowitz and Devjani Mishra write that opening prematurely can constitute an invitation to unwelcome and intrusive government oversight of workplaces, and can result in significant legal liability. Employers may, for the time being, choose to move cautiously before encouraging employees to return to work.
New York Law Journal | Analysis
By William F. Johnson | November 4, 2020
In his Corporate Crime column, William F. Johnson writes: Practitioners should be aware of the risk that courts will permit an adverse inference against their client in a civil case based on another person's invocation of their right not to testify, even when the client has not invoked.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | October 28, 2020
In their column on Corporate Governance, David A. Katz and Laura A. McIntosh consider how a corporation can successfully handle political pressures through a focus on corporate purpose.
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | October 14, 2020
In their Taxation column, David E. Kahen and Elliot Pisem examine how an irregularity in corporate form may invalidate an election and give rise to adverse consequences that become apparent only in the context of a tax audit years after the election was attempted.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | September 23, 2020
The Securities and Exchange Commission recently revised the periodic disclosure requirements of Regulation S-K, the latest installment in the SEC's ongoing effort to improve the quality of public disclosures, write Corporate Governance columnists David A. Katz and Laura A. McIntosh.
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