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 Brian L. Bank and Krystal Armstrong | January 10, 2025
The authors write "In recent years, some have coined the mainstream rise of generative artificial intelligence (AI) a modern-day space race. The legal profession, and especially litigators, have not been unaffected. As the use of generative AI becomes more commonplace in the practice of law, courts have been hesitant to regulate its use in litigation."
By Thomas Kissane and John Moore | January 9, 2025
The authors write "This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Carol B. Amon vacated the imposition of sanctions on a law firm. Judge Rachel P. Kovner denied defendant’s motion to sever his trial from that of his co-defendants. And Judge Frederic Block drew an adverse inference against a defendant for failure to comply with court orders."
By Elkan Abramowitz and Jonathan Sack | January 9, 2025
The authors write "Corporate deferred prosecution agreements (DPAs) have become a key part of white-collar criminal enforcement. With a DPA, a company can resolve a criminal investigation without a guilty plea, while the government gets remediation of misconduct and a corporate admission of wrongdoing. These benefits have encouraged other countries to adopt, or consider adopting, similar arrangements, even where DPAs do not fit neatly in existing criminal procedures, such as France, England and Switzerland."
By Martin A. Schwartz | January 8, 2025
The author writes "A §1983 action for damages may be based on suppression of evidence in violation of Brady due process rights, However, because a §1983 Brady claim necessarily implicates the validity of a conviction, the claim is not cognizable until the conviction has been overturned. Heck v. Humphrey, 512 U.S. 477 (1994). My major purpose here is to analyze how Brady law applies in §1983 actions."
By John C. Coffee, Jr. | January 8, 2025
The author writes "This short column will not attempt to rewrite federal procedural law, but it can note that the problem seems to be spreading and involves a level of gamesmanship that matches the increased polarization of our contemporary society. In the past, nationwide injunctions were debated in the context of major controversies, such as abortion."
By Kevin M. Clyne and David C. Wilkes | January 7, 2025
The authors write "Commercial investors in real estate value predictability. New York is a notoriously challenging environment for development, where the entitlement process and taxes are the most common culprits. Investors ask, what is the likelihood the project get approved and how long will it take, and what will the carrying costs be in terms of real property taxes?"
By Arjun Dhir | January 6, 2025
While the administration cannot implement changes until after the inauguration, its stated priorities signal potential regulatory updates that could impact employers across the United States. Understanding these anticipated changes is critical for compliance and effective workforce planning.
By Samuel Estreicher | January 6, 2025
The author writes "On Friday, Dec. 6, 2025, the Supreme Court agreed to hear Fuld v. Palestinian Liberation Organization, No. 24-20, reviewing a Second Circuit decision holding unconstitutional under the Fifth Amendment’s due process clause the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA or Act), Pub.L. No.116-94, Div J, Tit, IX. §903, 133 Stat. 3082, codified at 18 U.S. §2334 (e)."
By Adrienne B. Koch and Briana P. Sheridan | January 6, 2025
The authors write "This article will explore three such conflicts – the standard of proof for punitive damages, the statute of limitations for unjust enrichment claims, and the availability of expedited procedures under CPLR 3213 – and offer some tips to help preserve the possibility of such review."
By Brendan Quigley and Eric DuPont and Sarah Reeves | January 6, 2025
The authors state that in this article, they "discuss recent Section 1782 litigation developments concerning the application of attorney-client and other privileges in this context."
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