David Cohen

The Delaware Supreme Court’s decision in Kellner, a case involving advance notice bylaws adopted in the wake of the recent universal proxy rules, provides important guidance to companies and boards in a developing area of law. Faiz Ahmad | Art Bookout | Steve Daniels | Allison Land | Joseph Larkin | Edward Micheletti | Jenness Parker | Rick West #delaware #litigation #corporategovernance #mergersandacquisitions #boardofdirectors

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A Pennsylvania federal court has declined to block the FTC's proposed rule on non-compete agreements, creating a split among federal courts: https://bit.ly/3AemGqX This decision emphasizes the evolving legal landscape surrounding non-compete clauses and their enforceability. The Torrey Firm is here to help you navigate these changes and ensure your employment agreements are compliant and enforceable. Stay informed and protect your business with our expert legal guidance: www.torreyfirm.com #NonCompete #EmploymentLaw #LegalUpdates

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On August 5, Attorney General John M. Formella announced that the New Hampshire Attorney General’s Office, along with a bipartisan coalition of state attorneys general and the U.S. Department of Justice, has achieved a landmark victory in its search engine antitrust case against Google. The U.S. District Court for the District of Columbia ruled that Google engaged in monopolistic practices in the general search services and general search text ad markets, violating Section 2 of the Sherman Act. Key Findings from the Court's Ruling: 1. Monopoly Power: Google has been found to possess monopoly power in the markets for general search services and general search text ads. 2. Anticompetitive Agreements: The court identified Google’s distribution agreements as exclusive and harmful to competition, particularly through arrangements with major tech and mobile companies. 3. Supracompetitive Pricing: Google’s monopolistic practices have enabled it to impose excessively high prices for search text ads, resulting in substantial monopoly profits. Next Steps: - The ruling follows a 10-week trial, and a separate proceeding will now focus on remedies to correct the identified competitive harms. - The New Hampshire Attorney General’s Office, along with other state attorneys general and the U.S. DOJ, will collaborate to advocate for solutions that address past grievances and protect consumers by preventing future anticompetitive behavior. - This effort will also focus on emerging technologies, such as artificial intelligence, to ensure that the final resolution effectively restores competition and safeguards consumer interests. For more updates on antitrust regulations and legal developments, follow Global Regulatory Insights! #Antitrust #Google #CompetitionLaw #ConsumerProtection #LegalVictory #GRI

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Lex Machina, a LexisNexis company, recently released additional state courts to its platform and now provides Legal Analytics for Suffolk County Supreme Court and Westchester County Supreme Court (the “New York Courts”) and Oklahoma County District Court (the “Oklahoma Court”). With the addition of these courts, Lex Machina reached a momentous milestone of expanding its enhanced coverage of state courts to 100 courts. With these new enhanced courts, Lex Machina now provides enhanced Legal Analytics coverage of 62% of the population of New York and 59% of the population of Oklahoma. “We know how important it is for the legal community to be able to gain insights into specific state courts, given the bulk of litigation that takes place in those state court venues,” said Chuan Qin, product manager at Lex Machina and lead on the New York and Oklahoma state court modules. “That’s why we’re especially proud that our ever-expanding enhanced coverage of state courts has reached a milestone of one hundred courts. Adding these enhanced state courts in New York and Oklahoma brings our coverage to the majority of the population in each state, and it provides our customers with crucial insights in these venues.” https://lnkd.in/dUbK-iYX #legaltechtalk #legaltech #legal #productlaunch #law

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Key Ethical Considerations for Attorneys and Judges: What You Need to Know: In this recent article authored by the New York State Bar Association Attorney Professionalism Forum, Jean-Claude (JC) Mazzola, Hanoch Sheps, Esq., Katie O'Leary, and Vincent J. Syracuse dive into the complex ethical challenges attorneys face when approached by judges outside the courtroom for legal insights. Here are the top three takeaways: - Ex Parte Communications Are Prohibited: Judges are not permitted to engage in private communications regarding active cases without notifying all parties. This ensures transparency and fairness in judicial proceedings. - Attorneys Have a Limited Duty to Report: Under New York’s Rules of Professional Conduct, attorneys are generally not required to report judicial misconduct unless involved in an investigation. However, it’s critical for attorneys to maintain professional boundaries to uphold the integrity of the court. -Judicial Consultation with Legal Experts: Judges may seek advice from disinterested legal experts, but only if they follow the proper procedures, including notifying all parties involved and allowing responses to the advice given. This article sheds light on how both judges and attorneys must navigate these situations to maintain ethical standards. click here to read the full article: https://lnkd.in/e6viJFdF #LegalEthics #AttorneyEthics #JudicialConduct #NYSBA #MazzolaLindstrom

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Texts and email can present a novel challenge when not in state’s possession. https://bit.ly/3xA6fo3 #ediscovery #shortmessagedata #litigation #lawfirm #legalteam

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Mark your calendars! 🗓️ My Constangy colleague, Alexandra (Sasha) Thaler, is leading a webinar on Wednesday, Dec. 4 on workplace investigations with the Boston Bar Association. This program will discuss everything from interviewing witnesses to handling confidentiality and attorney-client privilege. Whether you're new to internal investigations or just want to sharpen your skills—you won't want to miss this! Register at the link below. #workplaceinvestigations #webinar

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The United States Court of Appeals for the Seventh Circuit recently certified two questions for the Delaware Supreme Court on the applicability and scope of forfeiture-for-competition provisions. Read Levin Ginsburg Partner Walker Lawrence's article on our blog to learn about the wide-reaching implications this may have on employment agreements. https://lnkd.in/gsAxMSrC #LevinGinsburg #LGAttorneys #Attorneys #BusinessLaw #NewBlogPost

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⚖️ Greenberg Traurig has launched a new legal blog focused on the intricacies of Chapter 93A, the Massachusetts Consumer Protection Act. The firm’s Massachusetts Chapter 93A Insights explores Chapter 93A, discussing the legal landscape of consumer rights and business responsibilities, and provides valuable insights and information to help understand and navigate this area of law and its impact on businesses. The blog will be edited by Litigation Shareholder David Thomas and Litigation Associate Angela Bunnell. 💻 Read more in our press release: https://buff.ly/3TkhZD1. #GTNews #GTBlogs #MassachusettsLaw #ConsumerProtection #GTBoston

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On June 13, #GTNewJersey Shareholder Barry Schindler will speak on the New Jersey State Bar Association panel discussion titled, "AI Hypothetical-A Live Tabletop for Civil Judges and Lawyers." The speakers will offer insights and predictions about how AI could transform the landscape of civil litigation and dispute resolution and discuss how AI technologies can give rise to civil legal claims, as well as how attorneys may use AI in trial preparation. 🔗 More info here: https://buff.ly/4aVsC4O #GTNews #AI #ArtificialIntelligence #TrialPreparation

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Newest Massachusetts Law Review now available. Volume 104, number 4 issue of Massachusetts Law Review is available online and will be mailed to members. https://lnkd.in/ed4Nu6eq

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Restraining orders can be a tricky thing in Massachuetts family law. It can be helpful, but can also be abused. Read on to see Attorney James M. Lynch examine the requirements of objectively reasonable fear and imminent harm in Massachusetts restraining order. https://lnkd.in/dZRjTTDX #MassachusettsLaw #FamilyLaw #RestrainingOrders #LegalAdvice #DomesticViolence #AttorneyLife #LegalTips

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Restraining orders can be a tricky thing in Massachuetts family law. It can be helpful, but can also be abused. Read on to see Attorney James M. Lynch examine the requirements of objectively reasonable fear and imminent harm in Massachusetts restraining order. https://lnkd.in/dZRjTTDX #MassachusettsLaw #FamilyLaw #RestrainingOrders #LegalAdvice #DomesticViolence #AttorneyLife #LegalTips

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Appellate attorney Chris Edwards shares his takeaways from the 2024 AJEI Summit in Boston. From state litigation to digital transformation in legal practices, get a sneak peek into the future of appellate law. https://lnkd.in/eDY8y3rc #AJEISummit2024 #AppellateLaw #JudicialWellness #LegalInnovation #DiversityInLaw #EBriefing #JudicialIntegrity #LegalWriting #CivilRightsAct #LegalCommunity #Appeals #AppellateCourt #Courts #Justice #LegalSystem

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Jeffrey Oster recently examined Pennsylvania’s trivial defect doctrine in the Civil Litigation Update for the Pennsylvania Bar Association. He highlighted the ongoing uncertainty around how courts determine if a defect is minor or requires further legal action, calling for the Pennsylvania Supreme Court to clarify the standard for property owners and municipalities. To read more, click here: https://lnkd.in/e_MjNynR #CivilLitigation #LegalUpdate #PennsylvaniaLaw #LawPractice

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