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
By Jenna C. Smith and Adam R. Shaw | December 23, 2024
The authors write "This column discussed recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installment explores two recent decisions involving the Telephone Consumer Protection Act. In the first decision, Chief U.S. District Court Judge Brenda K. Sannes denied a defendant’s motion to strike class allegations as premature, on the basis that these arguments would be more appropriate to address at the class certification stage. In the second decision, District Court Judge Anne M. Nardacci addressed similar arguments at the class certification stage, eventually granting a motion to certify a damages class under Rule 23(b)(3)."
By Corinne Ball | December 23, 2024
The author writes "This fall, the bankruptcy court extended the preliminary injunction for the thirty-seventh time and overruled an objection by the State of Maryland. Maryland subsequently appealed. Notably, in her prior rulings Judge McMahon correctly assessed Chapter 11 does not authorize releases of third parties, absent the consent of the affected claimholders, as determined and confirmed by the Supreme Court in Harrington v. Purdue Pharma L.P., 144 S. Ct. 2071 (2024)."
By Peter A. Crusco | December 23, 2024
The author writes "It’s been over 250 years since a group of colonists, known as 'the Sons of Liberty,' disguised as Indians sneaked aboard three British tea ships and dumped their treasure of tea into the Boston harbor. The 'Boston Tea Party,' was a protest to British Parliament’s onerous tax levies which did great financial harm to the early Americans and their fledgling business enterprises and resulted in Britain’s retaliatory passage of the Intolerable Acts of 1774."
By Mark Berman and Nicole D. Case | December 23, 2024
The authors write "With the continued rise of new tools and technologies, legal professionals are seeking new ways to optimize tasks in an effort to be more efficient. One of the more common recent technologies used by professionals is the integration of tools such as DocuSign, allowing for the facilitation of quick and easy electronic signatures."
By Conrad Teitell | December 20, 2024
The author writes "It's generous and admirable to contribute money and property to benefit charities. The most selfless gift of all is the one that we have a limited supply, simply put, our time and efforts.. I hope this column will be helpful and informing your clients-who itemize the tax encouragement to volunteering-although quite limited."
By Thomas J. Hall and Judith A. Archer | December 19, 2024
The authors write "It is common in complex commercial transactions, and even in some less complex ones, for the parties to enter into a series of contracts setting forth their various agreements. Such agreements executed at the same time can address different aspects of the transaction, different rights and obligations, or involve different parties. Contracts related to a common matter can also be executed at different times as a transaction matures or as circumstances change."
By Alexander Malyshev | December 19, 2024
The author writes "On Dec. 12, 2024, New York’s troubled Conditional Adult-Use Retail Dispensary (CAURD) program suffered yet another body blow, this time in the form of an injunction prohibiting the Office of Cannabis Management from processing applications for which it waived the requirement for municipal notification (and, by extension, securing a location)."
By David E. Kahen and Elliot Pisem | December 18, 2024
The authors write "Failure to document a transfer of funds between related parties as a loan may lead to the transfer's being characterized as something other than a loan for income tax purposes, notwithstanding the transferee's intent to repay the amount advanced."
By Michael A. Sirignano | December 18, 2024
The author writes that public awareness of staged motor vehicle accidents has been raised by the viral video of the Belt Parkway crash and the video of a person in a bear costume damaging luxury cars in California, but staged, intentionally-caused losses have been a problem for insurers for a long time.
By Linton Mann III and William T. Russell, Jr. | December 17, 2024
The authors write "The New York Court of Appeals’ recent decision in Wu v. Uber Technologies, Inc. underscores the growing tension between traditional contract law principles and the realities of digital consumer agreements. The case revolved around Uber’s enforcement of a 'clickwrap' arbitration agreement, embedded in its updated terms of use, against a plaintiff who had filed a personal injury lawsuit before allegedly agreeing to the new terms."
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