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 Moe Fodeman and Michael Sommer | March 27, 2020
In the wake of 'Countrywide', courts in the Second Circuit have had to grapple with the scope and application of the holding in criminal and civil fraud cases. Does it provide a possible defense for white-collar defendants alleged to have defrauded their counterparties? Or is it limited to its facts?
New York Law Journal | Analysis
By Angela Turturro | March 23, 2020
In this Special Report: "'Anthrex v. Smith & Nephew': Are PTAB APJs Constitutionally Appointed?," "AI and Life Sciences Patents: Separating Myth From Reality," "Strategies for Avoiding and Responding to Copyright Troll Litigation," "New York Court Provides Guidance to Practitioners Challenging Trade Secret Ownership Under the DTSA" and "Music, Deposit Copies and 'Skidmore v. Led Zeppelin': A Workaround."
By Charles R. Macedo, David Goldberg and Chandler Sturm | March 23, 2020
On Oct. 31, 2019, the U.S. Court of Appeals for the Federal Circuit issued a shocking decision in which a three-judge panel found that administrative patent judges for the Patent Trial and Appeal Boards were appointed in violation of the Appointments Clause of the U.S. Constitution. This article discusses the decision and issues that still need to be resolved.
By Wendy R. Stein and Jean E. Dassie | March 20, 2020
Since the Supreme Court decision in 'Lexmark', courts across the country have been finding that challenges to the right to sue under federal statutes should be brought as motions under Federal Rule of Civil Procedure 12(b)(6) and not 12(b)(1). The U.S. District Court for the Southern District of New York has now clarified that the 'Lexmark' holding applies equally to the Defend Trade Secrets Act.
By Lisa Pensabene, Hassen Sayeed, Carolyn Wall and James Yi Li | March 20, 2020
This article separates the myth from the reality of how AI will impact life sciences patent law, and offers practical tips to practitioners seeking to protect drug patents against future AI-related challenges.
By Nancy J. Mertzel | March 20, 2020
This article provides an overview of copyright troll litigation, briefly discusses proactive steps businesses can take to minimize the risk of being sued, and explores potential litigation strategies for responding to troll cases.
By Bob Clarida | March 20, 2020
This article focuses on the Ninth Circuit's still-contested holding in late 2018 that the scope of copyright in an unpublished pre-1978 musical composition is determined solely by the content of the deposit copy on file with the U.S. Copyright Office for that work.
New York Law Journal | Analysis
By Angela Turturro | March 16, 2020
In this Special Report: "Resolving Financial Disputes Through Mediation," "The March Towards Cybersecurity Maturity in Arbitration," "Deal-Dispute Mediating: A Former Deal-Maker's Perspective," "It's Not Just About Mediation: 'Presumptive ADR' and the Spectrum," "Getting Real About Discovery in Arbitrations" and "Party Autonomy, Repeat Appointments and 'Halliburton'."
By Jim Freund | March 13, 2020
This is prime territory for mediation—especially because it's not easy for judges or arbitrators to resolve disputed issues of business judgment, nor may they impose on the situation the kind of resourceful business solutions that the parties can hopefully fashion with the mediator's assistance.
By Claudia Lanzetta | March 13, 2020
The spectrum is a visual representation of all of the dispute resolution processes from negotiation through and including litigation. This article is meant to provide a brief overview of processes on the spectrum, other than mediation, that the courts may be employing.
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