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 Evan T. Barr | August 31, 2022
This article explores the law on selective prosecution and why, despite the long odds against success, it may still make sense from a defense perspective to assert the claim.
New York Law Journal | Analysis
By Corinne Ball | August 24, 2022
The Bankruptcy Court for the Southern District of New York recently recognized a scheme of arrangement sanctioned by a court in the Cayman Islands, the debtor's place of incorporation, even though the debtor conducts substantially all of its business operations in the People's Republic of China.
New York Law Journal | Analysis
By Lara Flath and Judy Flumenbaum | August 10, 2022
In this article, Lara Flath and Judy Flumenbaum discuss New York courts' treatment of the tension between a "good faith limitation on the exercise of a contract right" and "using the implied covenant of good faith to create new duties that negate explicit rights under a contract." They explore the degree to which courts have permitted good faith and fair dealing claims independent of breach of contract claims.
New York Law Journal | Analysis
By Barbara M. Goodstein | August 3, 2022
Even if you have a valid and properly perfected security interest, the story doesn't end there. Contractual arrangements can alter the benefits associated with that lien, and therefore it is important to ensure that any contract affecting lien rights is clear and unambiguous.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | July 27, 2022
With its recent actions regarding the regulation of proxy advisory services, the SEC may have eviscerated more than the 2020 rules.
New York Law Journal | Analysis
By John C. Coffee Jr. | July 20, 2022
If the conservative majority on the Supreme Court intends to dismantle (or at least downsize) the Administrative State, this coming year may prove critical because the opportunities for major downsizing have already been placed on the court's agenda.
New York Law Journal | Analysis
By Philip M. Berkowitz | July 13, 2022
Counsel representing banks in employment litigation need to understand the special privileges and rules regarding access to bank records and disclosures to regulators.
New York Law Journal | Analysis
By William F. Johnson | July 6, 2022
What are SEC-regulated entities and defense practitioners to make of SEC employees' "personal views" as articulated in public speeches, particularly when those views are clearly presented and later referred to as guidance on the agency's views? Put differently, how should an entity treat views that are initially disclaimed and nonbinding but that have manifestly factored into how the agency evaluates its regulated entities and individuals?
New York Law Journal | Analysis
By Jeffrey Alberts and Dustin N. Nofziger | June 29, 2022
The Consumer Financial Protection Bureau announced this April that it intends to begin using a "dormant" authority to conduct regulatory examinations of nonbank financial companies when they pose risks to consumers.
New York Law Journal | Analysis
By Corinne Ball | June 22, 2022
The Third Circuit confirmed that §327 governs retention of counsel. Moreover, it determined that a review of potential conflicts is committed to the discretion of the bankruptcy court and stated that the analysis on review includes whether the bankruptcy court appropriately exercised its discretion in determining that disqualification was not a fitting remedy in the circumstance.
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