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 | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | October 9, 2019
In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern discuss the recent pair of federal court decisions—'House v. Akorn' and 'Scott v. DST Systems'—which highlight courts' willingness to probe supplemental disclosures to ascertain whether shareholders received a material benefit warranting an award of attorney fees, as part of a settlement or otherwise.
New York Law Journal | Analysis
By Barbara M. Goodstein | October 2, 2019
In her Secured Transactions column, Barbara M. Goodstein discusses a recent Seventh Circuit decision in which the court reversed the lower court and held that a UCC-1 collateral description with nothing but a cross-reference to an unattached security agreement did "sufficiently indicate" the collateral for purposes of UCC Article 9.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | September 25, 2019
In their Corporate Governance column, David A. Katz and Laura A. McIntosh write: The short-term/long-term, shareholder/stakeholder debate is likely to become more intense, and more political, in the near future. As the landscape of corporate governance shifts around them, companies should seek firm ground on a foundation of business success by creating and implementing a strategic plan over a time horizon that will maximize both growth and profitability.
New York Law Journal | Analysis
By Philip M. Berkowitz | September 11, 2019
In his Employment Issues column, Philip Berkowitz discusses issues surrounding global workplace harassment investigations. Because U.S. anti-harassment policies were engineered for the U.S. at-will employment environment, simply exporting these tools into overseas investigations may cause problems. American companies must consider local law and custom overseas before carrying out an investigation—just as we would expect an overseas-based company to do prior to carrying out an investigation in the United States.
New York Law Journal | Analysis
By Steven M. Witzel and Renee E. Turner | September 4, 2019
In this Corporate Crime column, Steven M. Witzel and Renee E. Turner provide an overview of the college admissions scandal; the sentencing issues faced by the various groups of defendants; the bellwether Vandemoer sentencing and its implications; and the arguments for severe sentences as well as for leniency.
New York Law Journal | Analysis
By Andrew T. Garbarino | August 28, 2019
To avoid litigation, government intervention and public relations fiascos, a board must address cybersecurity on an ongoing basis.
New York Law Journal | Analysis
By Corinne Ball | August 21, 2019
In her Distress Mergers and Acquisitions column, Corinne Ball discusses two recent opinions from the Fifth Circuit that shed light on the scope of permissible bar orders and third-party releases of claims in the receivership context. Such bar orders may provide an effective alternative to third-party releases in bankruptcy in resolving mass tort cases.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | August 14, 2019
In their Taxation column, Elliot Pisem and David Kahen discuss 'Mihelick v. United States,' where the Court of Appeals provided welcome guidance on the applicability of §1341 in situations involving a change in marital status and where the repayment resulting in a deduction is not made to the initial payor of the item.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | August 7, 2019
In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern discuss 'Marchand v. Barnhill', which reminds practitioners that courts will scrutinize board members’ close personal relationships with management when analyzing demand futility and that directors’ duty to monitor does have substance.
New York Law Journal | Analysis
By Barbara M. Goodstein | July 31, 2019
In her Secured Transactions column, Barbara M. Goodstein discusses two recent decisions in the Sports Authority bankruptcy which underscore the continuing challenge to UCC commentators in guiding courts and practitioners effectively through the world of consignments.
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