Law Offices of Gary Martin Hays & Associates
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New York Law Journal | Analysis
By Thomas A. Dickerson | October 26, 2017
In this Outside Counsel article, Thomas A. Dickerson writes: Airbnb has been extraordinarily successful at bringing together nearly 3,000,000 hosts worldwide in 191 countries and 34,000 cities. At the same time, it has disrupted the hotel industry and ruffled the feathers of governmental officials in various cities, and may be facilitating profiteering by rent stabilized tenants.
New York Law Journal | Analysis
By Sharon M. Porcellio | October 26, 2017
In her Western District Roundup, Sharon M. Porcellio discusses a case on an issue of first impression: whether treaties between the United States and Native Americans ensuring the free use and enjoyment of tribal land bar taxes on income derived directly from the land.
New York Law Journal | Analysis
By Richard Emery | October 26, 2017
In his Judicial Conduct column, Richard Emery concludes his discussion of discipline imposed upon judges who attempt to further private interests by invoking their judicial office. Here, he focuses on Court of Appeals' precedents in this category of judicial discipline and reviews the basis for holding judges accountable for their off-bench actions.
New York Law Journal | Analysis
By Joseph E. Bachelder III | October 25, 2017
In his Executive Compensation column, Joseph E. Bachelder III writes: There are two ratios often cited to support the argument that CEO pay is too high. But these ratios do not necessarily support that argument and do not explain underlying factors that cause pay levels to be where they are.
New York Law Journal | Analysis
By Michael B. Gerrard and Edward McTiernan | October 25, 2017
In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write: Both the New York state and New York City bar associations have come out in favor of a Constitutional Convention. Both would leave the Forever Wild clause untouched. However, they come to opposite positions on an environmental rights provision.
New York Law Journal | Analysis
By Jason A. Stern | October 25, 2017
Jason A. Stern writes: 'Blue Island' gives clear guidance to real estate development counsel that may be faced with a municipality trying to overreach in imposing restrictions on a project without justification.
New York Law Journal | Analysis
By Corinne Ball | October 25, 2017
In her Distress Mergers and Acquisitions column, Corinne Ball discusses two recent decisions that address whether a bankruptcy court has subject matter jurisdiction over and constitutional authority to approve third-party releases as part of plan confirmation process. In considering this question, albeit facing very different plans, the two courts came to different conclusions.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | October 24, 2017
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: 'McDonnell' has had a profound impact on public corruption cases throughout the country, particularly in the Second Circuit, where several high profile convictions have been vacated for failing to comply with 'McDonnell's new requirements on how juries must be charged on various elements of public corruption crimes.
New York Law Journal | Analysis
By Scott E. Mollen | October 24, 2017
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses 'Nick and Duke v. New York Housing Preservation', where it was held that a housing agency's failure to ensure notice constituted a Due Process Claim.
New York Law Journal | Analysis
By Leo Milonas and Andrew C. Smith | October 24, 2017
Just in time for Halloween, Leo Milonas and Andrew C. Smith, in their Appellate Division Review, have perused the Appellate Division's recent decisions to bring you some of the treats from the third quarter of 2017.
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