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 Bruce J. Bergman | February 27, 2023
On Feb. 14, the Court of Appeals rendered an important decision in 'Bank of America, N.A. v. Kessler,' reversing the lower courts on the subject of pre-foreclosure notices.
New York Law Journal | Expert Opinion
By Philip Katz | February 27, 2023
While it is not—and should not—be the sole basis for a jurist's decision on custody, the in-camera interview often has a more profound impact upon the court's decision than anything the parents' attorneys say or do in open court. For this reason, attorneys must understand what occurs during the in-camera interview, plan for it, and advise their clients accordingly.
New York Law Journal | Expert Opinion
By Patricia C. Marcin and Karen Eng | February 24, 2023
Many individuals are considered "house rich, cash poor," meaning that their biggest asset is their house. While some of these individuals have an estate plan in place, many do not and are unaware of the consequences. Without proper estate planning, heirs inheriting a house can find themselves in a precarious situation. Fortunately, a provision in New York's Real Property Law helps to remedy the situation.
New York Law Journal | Expert Opinion
By Michele F. Vaillant, Veronica H. Montagna and Matthew A. Windman | February 23, 2023
A discussion of the final clawback rules published by the SEC on Nov. 28, 2022, in response to the requirement under the Dodd-Frank Wall Street Reform and Consumer Protection Act to increase transparency and disclosure in financial reporting.
New York Law Journal | Expert Opinion
By Bryan Furst | February 22, 2023
A discussion of the proposed application of the "behavioral realism" approach to New York's search and seizure law to provide a check against racist policing.
New York Law Journal | Expert Opinion
By Edward M. Spiro and Christopher B. Harwood | February 21, 2023
In recognition of a century-old practice, the U.S. Supreme Court in Grable & Sons Metal Products v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005), applied the "substantial federal question doctrine" to uphold the removal to federal court of a case that absent application of the doctrine would not have been subject to removal, contributors Edward M. Spiro and Christopher B. Harwood write.
New York Law Journal | Analysis|Expert Opinion
By Ezra Dyckman and Charles S. Nelson | February 21, 2023
In their Real Estate Financing column, Ezra Dyckman and Charles Nelson discuss the recently issued Revenue Procedure 2023-9, in which the IRS provides an optional safe harbor method for developers to account for certain common improvement costs of real estate projects.
New York Law Journal | Expert Opinion
By Benjamin Rosenberg, Matthew Mazur, and Brian Kulp | February 21, 2023
The Sentencing Guidelines have always presented novel constitutional and interpretive issues. One issue that has recently divided the lower courts is how much deference to afford to the Sentencing Commission's commentary interpreting the Sentencing Guidelines. The Supreme Court answered this question nearly 30 years ago in Stinson v. United States, but Stinson is now on shaky ground.
New York Law Journal | Expert Opinion
By Julian D. Ehrlich | February 17, 2023
A look at how courts have largely taken two approaches to workers' knowledge and reckless choices in §240 sole proximate cause cases and how this dichotomy may upend established notions on the nature of liability under this statute.
New York Law Journal | Expert Opinion
By Stuart B. Newman | February 16, 2023
A refresher course in how "complicated" the attorney-client privilege can be. The author uses the recent U.S. Supreme Court case In re Grand Jury as a backdrop to illustrate his point. The case related to an order in a criminal investigation compelling a law firm to turn over documents sent to its client that contained both legal and accounting advice.
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