Law Offices of Gary Martin Hays & Associates
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Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By William F. Johnson | March 1, 2023
In his Corporate Crime column, William Johnson discusses how different circuit courts use different tests when deciding to immunize a defense witness. Some circuits have strict requirements for obtaining such an order while others have taken a more equitable approach. In Theryn Jones v. United States of America, the Supreme Court has a meaningful opportunity to address this long-standing split in the circuits on whether a more balanced standard should apply to requests for defense witness immunity.
By Corinne Ball | February 22, 2023
In her latest Distress M&A column, Corinne Ball discusses the recent decision in 'Elec. Reliability Council of Texas v. Just Energy,' which she believes participants in state-regulated industries, such as utilities, should pay special attention to. The decision, ordering abstention, "raises the possibility that a state-regulated debtor may face real challenges in a reorganization if it seeks to dramatically alter its obligations to a state or quasi-state agency."
New York Law Journal | Analysis
By Lara Flath and Judy Flumenbaum | February 8, 2023
The First Department's holding in 'BDO' is one that corporations and outside counsel conducting internal investigations and considering potential privilege issues should keep in mind.
By Barbara M. Goodstein | February 1, 2023
The key takeaway from the appeal court's analysis is obvious. Although waiver language can be broadly written, a waiver of defenses associated with standard guaranty "absolute and unconditional" language may not, in and of itself, waive a defense based on the statute of limitations.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | January 25, 2023
Directors should also pay close attention to the ongoing cultural and political conflicts relating to ESG. With high stakes on all sides, the level of reputational risk in this area is likely to increase for the foreseeable future.
New York Law Journal | Analysis
By John C. Coffee Jr. | January 18, 2023
The bottom line is that extraterritoriality in regulatory cases appears to lie today largely in the eye of the beholder. All that a judge has to assert is that some conduct by a person in the United States was "integral" to the fraud.
New York Law Journal | Analysis
By Evan T. Barr | January 4, 2023
A circuit split has emerged as to whether the logic of 'Honeycutt' should be extended to benefit defendants facing joint and several liability for forfeiture in connection with fraud or other economic crimes, where the amounts in question routinely exceed tens of millions of dollars.
New York Law Journal | Analysis
By Jeffrey Alberts | December 28, 2022
The CFPB closed out 2022 with a deceptively innocuous-sounding proposal to require nonbank financial companies to report certain public orders and judgments relating to consumer protection violations. However, it is clear that this proposal is a powerful one-way ratchet the CFPB can use to expand regulatory control over fintechs and other nonbank financial companies.
New York Law Journal | Analysis
By Corinne Ball | December 21, 2022
The Bankruptcy Code 502(b)(2) provision has been a point of contention when a solvent debtor prosecutes and confirms a plan that does not provide for the payment of post-petition interest.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | December 14, 2022
The potential for enforcement of a transferor's tax obligations against its transferee is demonstrated by 'ACI Construction, LLC v. United States', a recent decision of the U.S. District Court for the District of Utah.
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