Sarah Abreu

The New York Appellate Division, Second Department recently issued a noteworthy decision concerning how to evaluate the enforceability of a restrictive covenant, such as a covenant not to compete, in an ordinary commercial contract. In a new #ClientAlert, Partners Peter Shapiro and Adam Hoffman explore the implications of the #appeals court's ruling in Twitchell Tech. Prods., LLC v. Mechoshade Sys., LLC, which applied a "rule of reason" analysis aimed at balancing the competing public policies in favor of robust competition and freedom to contract. Read the full alert on our website. #BusinessLaw #CommercialLaw #CommercialContracts #AppellateLaw #NewYorkLaw

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New Open Public Records Act (OPRA) amendments signed into law! David Disler shares details about the new law, effective September 3, 2024, including revisions to attorney’s fee provisions, mandates public records on websites, and allows public agencies to sue for abusive requests. Read more to learn how these updates impact appeal times, special service charges, and anonymous requests. #OPRA #NewJerseyLaw #PublicRecords #Education #LegalUpdate

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The New Jersey Law Journal published "Litigators Face New Challenges Under Revised Open Records Law," explaining that some New Jersey litigators will need to adjust their methods in light of Governor Murphy's decision to sign a measure modifying the state's Open Public Records Act (OPRA). Cohn Lifland's Walter Luers, who represents records requesters said, "I think that because OPRA remains a remedial statute, courts will still accept arguments that, even in the absence of bad faith on the part of a records custodian, counsel fees should be awarded to prevailing plaintiffs.” Luers is more concerned, however, about whether a law firm representing a records requester in OPRA litigation is considered a commercial requester under the new law. The legislators who drafted the law say it was needed because of the burden that commercial data companies create for records custodians. Requesters who give the wrong answer on whether they are commercial entities are subject to a $1,000 fine under the new law, Luers said. “Law firms are going to have to look very carefully as to whether or not requests that they file on behalf of a requester are commercial requests.” He adds, “I think that’s a gray area that’s probably going to have to be litigated.” #OPRA #openpublicrecordsact

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Contracts with “prevailing party” provisions offer the tantalizing, coveted prospect of the winner recovering attorneys’ fees from the loser in legal disputes over the contract’s enforcement. Frank McRoberts writes about how complex this can be in application in this week's New York Business Divorce blog. https://lnkd.in/eft5vgSn #contracts #disputes #businessdivorce

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Dive into the complexities of New Jersey's right of publicity laws in Lowenstein’s Matthew Savare, Jenna-Marie Tracy, and Bryan Sterba’s Q&A guide in Thomson Reuters's Practical Law, which covers everything from protected identities to legal remedies and licensing issues. Read the full article: https://bit.ly/3UjskQm #rightofpublicity #newjersey #intellectualproperty #iplaw #licensing #techlaw

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Whether practicing in one state or across New England, the LexisNexis legal resources portfolio, including statutory, codes, practice guides, handbooks and topical research materials, can help meet the needs of practitioners, corporate counsel, scholars and the judiciary. #LexisNexis #LawBooks #LegalResearch

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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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Did you catch Alisa McLellan speaking at The Masters Conference Legal? Pro tip, don't just hand all your data over to a consultant and think you are done -- you still have the duty to supervise! #ediscovery #legaltech #ethics

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Herrick senior litigator, Ronald J. Levine, authored a recent article discussing five tips for litigators to develop business at meet and greets, as part of the LexisNexis Practical Guidance - Practice Note series. This article is the tenth in a series of law practice articles Ron has authored for LexisNexis. Read more here: https://lnkd.in/eNzeSjru. #HerrickDoesThat #Litigation

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⏳ Time is running out! Don’t forget to vote for NAM and our neutrals in this year’s New York Law Journal “Best Of” survey. Our nominations are reflected in questions 42-47 which include: Best ADR Provider, Best Mediator, Best Arbitrator, Best Online Resource, Best CLE Provider, and Best Online CLE Provider. Voting shouldn't take more than a few minutes, and partial survey responses are accepted. Cast your vote before time runs out! https://bit.ly/4dRmYnf

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Join Jon Meer's CLM Alliance (Claims and Litigation Management Alliance) Focus Conference panel this Wednesday for practical tips on preparing for #mediation, strategies to maximize success and achieve creative resolutions & more! https://lnkd.in/g9QWBgDj #WilsonElser #CLMFocus #ClaimsManagement #LitigationManagement

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Check out this Law360 article written by Seth I. Feldman, Esq. & Pierre E. Debbas about how New York co-op boards should transparently disclose minimum sales prices to fulfill fiduciary duties and ensure fair market practices. Click the link below to read the whole article!

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To help litigants avoid the pitfalls of noncompliance to discovery obligations, Skadden attorneys provide an overview of the rules empowering courts to impose sanctions and examples of courts employing this authority to deter discovery violations. Lara Flath | Jacob Fargo | Gaby Colvin #litigation #discovery #compliance

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Read our most recent article published in LAW.COM entitled "Unbiased Thinking: A Blueprint for Your Law Firm Billing & Collections Transformation". This synthesizes the approach our team leverages for our law firm client transformations. https://lnkd.in/d2uXtEm6 #lawfirmcollection #lawfirmbilling

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#Litigators and in-house counsel need to be acquainted with the rules governing multi-state practice and the process for gaining temporary permission to represent clients before an out-of-state #deposition. https://ow.ly/LoNu50Thv8r #litigation #outofstatedeposition #depositions #inhousecounsel #insidecounsel

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Now’s the time to unlock efficiency and accuracy in your law firm's operations. Whether you’re new to HighQ integration solutions, or a long-time client, join Thomson Reuters HighQ and Anaqua (formerly SeeUnity) to learn how automating time-consuming and tedious tasks will significantly improve user and IT workloads. Register today: https://lnkd.in/gHDY7wCW #AutomatedIntegrationSolutions

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