Law Offices of Gary Martin Hays & Associates
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GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | November 28, 2018
Corporate Governance columnists David A. Katz and Laura A. McIntosh address a significant debate that has developed in recent months regarding the purpose and future of corporations, the primacy of shareholder interests, and the role of the regulatory environment. The outcome could have a lasting impact on public companies.
By Dan M. Clark | November 26, 2018
The approval comes after Maria Vullo, the superintendent of the state Department of Financial Services, suggested last month that her agency could choose to block the deal over concerns that CVS would pass on the cost of the merger to policyholders and customers.
New York Law Journal | Analysis
By John C. Coffee Jr. | November 14, 2018
Corporate Securities columnist John C. Coffee Jr. writes: The most important issue in corporate governance today is dual class capitalization, and the most important recent development is the petition submitted on Oct. 24, 2018 by the Council of Institutional Investors (CII) to both the New York Stock Exchange and Nasdaq, asking them to place a “sunset” on differentials in voting rights.
By Jeremy Deutsch | November 9, 2018
Few investors consider the legal implications associated with the investment managers' choice of entity and the state in which that entity was formed and what all that might have to do with their investment. Those choices may have significant ramifications.
New York Law Journal | Analysis
By Philip M. Berkowitz | November 7, 2018
In his Employment Issues column, Philip M. Berkowitz writes: The Foreign Corrupt Practices Act is often associated with payoffs between shadowy figures for contracts made in remote parts of the world. But a spate of recent prosecutions and civil settlements makes clear that the financial services industry is in fact a significant target for potential violations of this centerpiece compliance legislation.
New York Law Journal | Analysis
By William F. Johnson | October 31, 2018
Corporate Crime columnist William F. Johnson writes: Can the guilty plea allocution of a corporation be admitted against an individual defendant in a criminal trial to prove the existence of a conspiracy? A recent evidentiary ruling in the Southern District of New York suggests it can, provided that “signatories” to the corporate plea agreement are available for cross-examination.
New York Law Journal | Analysis
By Corinne Ball | October 24, 2018
In her Distress Mergers and Acquisitions column, Corinne Ball writes: The Fifth Circuit joins other circuits in protecting bankruptcy sales from appeal, absent a stay pending appeal.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | October 17, 2018
In their Taxation column, Elliot Pisem and David E. Kahen write: Based on the circumstances described in the opinions of the district court and the Court of Appeals in 'Rubin', the effort by the government to avoid consideration of the substance of refund claims by the S corporation shareholder, on the basis of the alleged failure to adequately identify the inconsistency with the corporation's reporting treatment, seems to have lacked substantial support—especially in light of the absence of any regulation under §6037 supporting the government's reading of the disclosure requirement.
New York Law Journal | Analysis
By Shari Claire Lewis | October 15, 2018
In her Internet Issues/Social Media column, Shari Claire Lewis summarizes the anti-cybersquatting rules under the ACPA and explores two recent New York court decisions that help to illuminate the kinds of cyberpiracy claims that courts are willing to consider, and those that they are not.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | October 10, 2018
Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern discuss 'Akorn v. Fresenius Kabi AG', which has drawn considerable interest as the first decision applying Delaware law that found an MAE warranting a buyer's exercise of merger termination rights. While 'Akorn' may embolden future parties to test the breadth of their own MAE provisions, the decision appears driven by extraordinary facts and now awaits review in the Delaware Supreme Court.
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