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 | Expert Opinion
By John M. Leonard and Seán McCabe | May 31, 2023
A discussion of the liability risks posed by a bill pending in the NY Assembly and Senate—the Biometric Privacy Act. The article also considers insurance implications—how courts have ruled so far on insurance claims for BIPA liability, and how policy language may change in response to significant liability exposure.
New York Law Journal | Expert Opinion
By Alan Feigenbaum | May 31, 2023
A look at forensic psychiatric examinations in the context of contested custody matters. The article discusses a recent decision by an appellate court in New York, which held that a trial court did not commit an error by not mandating a forensic psychiatric examination of the parents because no proof was put forth that the mother had a mental illness. The author also focuses on whether or not mental illness of a parent should be a prerequisite to a forensic psychiatric examination, and how (if it all) that impacts the due process rights of a litigant in a custody case vs. whether or not such a requirement offers a valuable gatekeeping function.
New York Law Journal | Expert Opinion
By Scott Mollen | May 30, 2023
Scott Mollen discusses "Eshaghpour v. Promenade Condo." and "Morris Motel, LLC v. Dechance."
New York Law Journal | Expert Opinion
By Jeffrey G. Steinberg | May 30, 2023
A discussion of insurance coverage for architects and engineers, specifically, the extent to which common gaps in their professional liability policies may be filled in some instances by their general liability policies.
New York Law Journal | Expert Opinion
By Paul Greene | May 26, 2023
The NY Department of Financial Services published a consent decree last week where a crypto company was fined $1.2 million for not conducting proper information security risk assessments and using template policies, without customizing them to fit the company. This article discusses this consent decree and the importance of robust risk assessment procedures and tailoring an information security program to an organization's specific needs.
New York Law Journal | Expert Opinion
By Anthony Michael Sabino | May 25, 2023
Part one of a two-part article regarding the new Supreme Court decision in 'Axon Enterprise v. F.T.C.' This first article discusses the precedent leading up to 'Axon.'
New York Law Journal | Expert Opinion
By Bruce J. Bergman | May 24, 2023
The running of the statute of limitations is assuredly a major and continuing problem for mortgage holders—typically encountered not surprisingly in the mortgage foreclosure action itself. That danger is exacerbated by the foreclosure abuse prevention act which denies to a foreclosing party the right to unilaterally withdraw an acceleration or cancel it by discontinuing the action. But the concept is not confined solely to that arena. Rather, it can apply to what might be seen as peripheral pursuits, for example, the strict foreclosure.
New York Law Journal | Expert Opinion
By Scott Mollen | May 23, 2023
Scott Mollen discusses "Mutual Redevelopment Houses Inc. v. Metro. Transp. Auth," where an MTA's subway project was found to be exempt from environmental review and "Chai Found. Inc. v. NYS Div. of Hous. & Cmty. Renewal," where a DHCR rent reduction based on reductions in 'essential services' was upheld.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | May 23, 2023
A recent decision by the New York Court of Appeals discusses whether the New York State Department of Environmental Conservation or municipal authorities can regulate certain portions of the state's mining industry.
New York Law Journal | Commentary|Expert Opinion
By Toby Kleinman | May 22, 2023
Where there is domestic violence or allegations of child abuse this broad statutory power by the court may be problematic and revisions may need to be considered by the legislature, limiting a judge's discretion.
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