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 Philip M. Berkowitz | November 7, 2018
In his Employment Issues column, Philip M. Berkowitz writes: The Foreign Corrupt Practices Act is often associated with payoffs between shadowy figures for contracts made in remote parts of the world. But a spate of recent prosecutions and civil settlements makes clear that the financial services industry is in fact a significant target for potential violations of this centerpiece compliance legislation.
New York Law Journal | Analysis
By William F. Johnson | October 31, 2018
Corporate Crime columnist William F. Johnson writes: Can the guilty plea allocution of a corporation be admitted against an individual defendant in a criminal trial to prove the existence of a conspiracy? A recent evidentiary ruling in the Southern District of New York suggests it can, provided that “signatories” to the corporate plea agreement are available for cross-examination.
New York Law Journal | Analysis
By Corinne Ball | October 24, 2018
In her Distress Mergers and Acquisitions column, Corinne Ball writes: The Fifth Circuit joins other circuits in protecting bankruptcy sales from appeal, absent a stay pending appeal.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | October 17, 2018
In their Taxation column, Elliot Pisem and David E. Kahen write: Based on the circumstances described in the opinions of the district court and the Court of Appeals in 'Rubin', the effort by the government to avoid consideration of the substance of refund claims by the S corporation shareholder, on the basis of the alleged failure to adequately identify the inconsistency with the corporation's reporting treatment, seems to have lacked substantial support—especially in light of the absence of any regulation under §6037 supporting the government's reading of the disclosure requirement.
New York Law Journal | Analysis
By Shari Claire Lewis | October 15, 2018
In her Internet Issues/Social Media column, Shari Claire Lewis summarizes the anti-cybersquatting rules under the ACPA and explores two recent New York court decisions that help to illuminate the kinds of cyberpiracy claims that courts are willing to consider, and those that they are not.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | October 10, 2018
Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern discuss 'Akorn v. Fresenius Kabi AG', which has drawn considerable interest as the first decision applying Delaware law that found an MAE warranting a buyer's exercise of merger termination rights. While 'Akorn' may embolden future parties to test the breadth of their own MAE provisions, the decision appears driven by extraordinary facts and now awaits review in the Delaware Supreme Court.
By Barbara M. Goodstein and Jennifer Kratochvil | October 3, 2018
In this Secured Transactions column, Barbara M. Goodstein and Jennifer Kratochvil write: The new Delaware division statute will likely provide efficiencies for corporate transfers and other transactions, but creditors need both to consider their existing finance agreements and be mindful in documenting new transactions of the effect of this new legislation in regard to limitations on such transfers and other transactions.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | September 26, 2018
In their Corporate Governance Update, David A. Katz and Laura A. McIntosh write: As the #MeToo movement continues to make itself felt in all facets of American life, public company boards of directors that are newly focused on the issue of workplace harassment have seen corporate responses evolve. In recent months, many boards have overseen the addition of anti-harassment policies to corporate codes of conduct, the establishment of procedures for addressing allegations, and the enhancement of employee training at all levels.
New York Law Journal | Analysis
By John C. Coffee Jr. | September 19, 2018
In his Corporate Securities column, John C. Coffee Jr. writes: A drama is playing out in Boston federal court before a respected judge that could prove to be a legal “Watergate,” one that could reshape class action practice.
New York Law Journal | Analysis
By Joshua Mitts | September 12, 2018
In his Securities Law column, Joshua Mitts discusses how smaller public companies are being attacked by predatory short sellers who drive down stock prices by buying put options prior to posting hit pieces on blogs and social media.
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