Eda Haksal

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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The latest Milbank Insight from #InternationalArbitration partner Viren Mascarenhas discusses how 28 U.S.C. § 1782 (“Section 1782”) can be used to obtain evidence from parties found in the US in support of judicial efforts by judgment and award creditors to satisfy unpaid judgments and awards through collection proceedings taking place in courts outside the US. Section 1782 is, therefore, a powerful tool that a judgment or award creditor may be able to use to identify assets of the judgment or award debtor on a global scale, such that the creditor may pursue execution proceedings in only those jurisdictions where the debtor’s assets lie.   This is a follow-up Insight to the previous one titled: “28 U.S.C. § 1782: Powerful Tool in the US to Obtain Discovery for Use in Foreign Proceedings,” discussing the use of Section 1782 by petitioners globally to obtain discovery from a variety of entities who are in the United States in support of non-US regulatory and civil litigation proceedings.   Read “Use of 28 U.S.C. §1782 in US Courts to Obtain Discovery for Use in Enforcement and Collection Proceedings Worldwide” here: https://lnkd.in/eUknVFwz

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Greenberg Traurig is hosting the U.S. Capital Markets Webinar on June 28. Shareholders Alan Annex of the Miami office, Adam Namoury of the New York office, and Koji Ishikawa of the Tokyo office, will be presenting on: ✅the state of the U.S. capital markets ✅how to access and list them in the United States via Nasdaq, and ✅discuss key considerations for listing in the Unites States. Register and learn more here: https://buff.ly/3KoWpbs. #GTNews #CapitalMarkets #GTMiami #GTNewYork #GTTokyo

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🧑‍⚖️Our latest GPNYC blog post - The Supreme Court: One Step Forward…About Three Steps Back Another term has ended, and the rulings have significant implications for Gray Panthers NYC's priorities. The overturning of the Chevron Doctrine and the weakening of the EPA are especially concerning. While there were a couple of positive rulings on abortion and gun control, most decisions are alarming. Our environment, women's health, and gun safety are all at risk. It's crucial to vote! The future of the Supreme Court is in our hands. Let's ensure we elect leaders who prioritize justice and equity. https://lnkd.in/eYcbUn6n #SupremeCourt #GrayPanthersNYC #VoteWisely #VoteForChange #EnvironmentalJustice #justice #equity

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How did the Kirkland partner video get leaked is the question we’re asking ourselves. Some are recalling the infamous ‘Claire Swire email’ which involved a Norton Rose lawyer from way back at the dawn of time in 2000 and the one too from a CC lawyer back in 2003. *All articles and videos can be found in the comments section. Clifford Chance Adopts US-Style Bonus System for Associates: Clifford Chance has revamped its bonus system for UK associates to align more closely with those offered by US firms, according to The Lawyer . The new system, introduced last month, rewards associates more when they are in higher demand, with bonuses linked to the number of hours billed. This US-style focus on billables marks a departure from the ‘no target-hours culture’ prevalent at many UK firms. Clyde & Co Boosts Revenue by 10%: Clyde & Co has reported strong financial results for the past year, with revenue growing by 10% to £845 million. Profit per equity partner (PEP) increased by 4% to £739,000. The firm attributed its growth to success across various practice areas, emphasizing its "sector-focused, geographically hedged" model. Over the year, Clyde & Co added 32 new partners through lateral hires and internal promotions. Kirkland & Ellis Partner Video Goes Viral in the City: A video leaked to RollOnFriday shows two Kirkland & Ellis partners in London mocking a fellow partner during a work call, culminating in him knocking over a bottle of whisky. The footage, recorded in Kirkland's London office in the Gherkin, is circulating among City lawyers. In the video, the partner gives the middle finger to the person filming but nearly drops a bottle of Macallan whisky before catching it. Reactions in the comments are mixed. One top comment expressed sympathy, saying, "can't believe anyone leaked this… poor guy," while another suggested, "I'd be sacking this bunch of jokers. You know this is just the tip of the iceberg." Partner's 4,000 Hours Help Sullivan & Cromwell LLP Hit $200 Million Mark: Sullivan & Cromwell’s fees for the ongoing bankruptcy of cryptocurrency exchange FTX have reached $200 million, largely thanks to the efforts of a single partner. Litigation partner Brian Glueckstein has averaged 11 hours a day, five days a week, for 18 months, billing more than 4,000 hours at a rate of $2,375 per hour, amounting to $9.5 million. Sullivan & Cromwell lawyers have collectively billed over 168,000 hours on the matter so far, reports Reuters. CC: Non-Billable

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Mandelbaum Barrett PC, led by New York partner Vincent J. Roldan, represents debtor Moxy Restaurant Associates, Inc. (dba Smithfield Hall) in its Chapter 11 proceedings in New York. Smithfield Hall is a popular Irish bar and restaurant located in midtown Manhattan, primarily catering to soccer fans. The bankruptcy case was commenced as a last resort to save the restaurant from aggressive litigation and collection tactics by certain pre-petition creditors. Mandelbaum Barrett PC recently successfully defeated a motion to dismiss the case that had been filed by those creditors.    By filing for bankruptcy, our client is able to continue operating during the “breathing spell” that is provided by the automatic stay (which prohibits further litigation and collection), and it intends to reorganize. Also notably this case was filed using Subchapter V, an efficient and cost-effective method by which small businesses in the United States can use the corporate reorganization provisions of the Bankruptcy Code. This case highlights Mandelbaum Barrett PC’s expertise in this relatively recent and still evolving procedure. #BankruptcyLaw #SubchapterV #BankruptcyCase #LegalVictory

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Zetlin & De Chiara LLP Senior Partner Michael De Chiara was quoted by the Commercial Observer in an article on the aftermath of a building collapse in NYC and the related investigation. Read more about the article, “NYC Considers New Law to Prevent Building Collapses,” here: https://lnkd.in/eExc-bFk #constructionlaw #LegalLeaders #zetlinanddechiara #zdlaw

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David Skand Joins Hyland Levin Shapiro as Counsel - https://lnkd.in/g_U-ZPdg Follow #citybiz on LinkedIn - https://lnkd.in/eBgXKiz8 Hyland Levin Shapiro LLP #people #leadership #lawfirm #lawyers #legal #legaltips #law #lawyerlife #legalmarketing #legalmatters

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“New York should join the majority of jurisdictions that permit cameras in the courtroom,” wrote Chair & Co-Managing Partner Y. David Scharf, Partner Hon. David B. Saxe (Ret.) and Associate Joseph Kamelhar in a recent New York Law Journal article. In “Cameras in New York State Courtrooms: A Short Update,” the authors argue in favor of a recent bill that would repeal the 1952 Civil Rights Law that banned court proceedings from being televised. Among the pros of allowing cameras in the courtroom: educating a large population on the working of the judicial system; ensuring that judges are held accountable for their courtroom conduct; increasing the overall transparency of the judicial system; and generating a better understanding and trust for the judiciary system. They concluded, “In our opinion, the factors favoring legislative change are overwhelming. The public will benefit by being introduced [through] an audio-visual connection, to an institution that plays an important part in their everyday lives but has mostly been inaccessible to them.” New York Law Journal subscribers, read the article here: https://lnkd.in/ecNjxxfd Read more here: https://lnkd.in/ePPyxQ4z #Legislative #Judiciary

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#SCOTUS dodges discovery rule issue in #WarnerChappell but lifts damages time bar Critical copyright case looking at when damages can be awarded in disputes results in dissenting opinions. https://buff.ly/3QED1uA #EntraIP #IntellectualProperty #Trademark #Copyright #Patent #PropiedadIntelectual #Marca #Patente

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LFJ Member Spotlight: Jeffrey T. Zaino of American Arbitration Association Jeffrey T. Zaino, Esq. is the Vice President of the Commercial Division of the American Arbitration Association in New York. He oversees administration of the large, complex commercial caseload, user outreach, and panel of commercial neutrals in New York. He joined the Association in 1990. Mr. Zaino is dedicated to promoting ADR methods and services. His professional affiliations include the American Bar Association (Dispute Resolution, Litigation, and Business Law Sections), Connecticut Bar Association, District of Columbia Bar Association, New York State Bar Association (Dispute Resolution Section – Executive Committee Member and Chair of the Blog Committee; Commercial & Federal Litigation Section, Chair of the Arbitration and ADR Committee), New York City Bar Association (Member of the Arbitration Committee and Affiliate Member of the ADR Committee), Board of Advisors of the Scheinman Institute on Conflict Resolution, New York Law School ADR Advisory Committee, American Bankruptcy Institute, and Westchester County Bar Association. He has also written and published extensively on the topics of election reform and ADR, including several podcasts with the ABA, TalksOnLaw, and Corporate Counsel Business, and has appeared on CNN, MSNBC, and Bloomberg to discuss national election reform efforts and the Help America Vote Act. He was deemed a 2018 Alternative Dispute Resolution Champion by the National Law Journal and received awards for his ADR work from the National Academy of Arbitrators, Region 2 and Long Island Labor and Employment Relations Association, New York State Bar Association (Commercial and Federal Litigation and Dispute Resolution Sections). The not-for-profit American Arbitration Association® (AAA®)-International Centre for Dispute Resolution® (ICDR®) is the largest private global provider of alternative dispute resolution (ADR) services in the world. With that comes enormous responsibility, which the AAA-ICDR® embraces. Its work lessens the load of a tremendously overburdened court system. Its efforts ease the financial hardships of those shattered by natural disasters. The foundation it established supports access to justice for all. The AAA-ICDR has a core dedication to service and particularly to education. It would be gratifying to focus on teaching people to stay out of disputes; however, since that is not a realistic objective in today’s world, the AAA-ICDR provides fair, rational, faster, and less adversarial means to handle the disputes that inevitably arise. See the full Member Spotlight below. https://lnkd.in/gn73wcgy #litigationfinance #litigationfunding #litfin #legalfinance #legalfunding #ADR #arbitration #thoughtleadership

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Understanding Receiverships in Partnership Disputes with Pitcoff Law Group: https://lnkd.in/e_6fFuh3 #receiverships #partnershipdisputes #disputeresolution

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New York law firm Sullivan & Cromwell LLP said on May 9 that it has formed a new artificial intelligence practice, as large firms compete to handle clients' growing AI-related legal needs. The 800-lawyer firm said the group would be headed by leaders of its intellectual property and finance practices in Silicon Valley, New York and London. Several other large U.S. law firms have also established dedicated AI practice groups over the past year and a half, hoping to capitalize on a surge in AI-related dealmaking, regulatory, and litigation work. Formalizing a practice group can help firms market and expand the work in buzzy, lucrative areas like AI. Find out more: https://reut.rs/44AAG9A 

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As the tenure of Susan Kohlmann, 2022-2024 President of the New York City Bar Association (Bar) has drawn to a close, we take this moment to commemorate the remarkable achievements and lasting impact she has brought to the Bar, Jenner & Block, the New York legal community, and the industry at large. Learn more: https://lnkd.in/gAStetHh    #NYCBA #JennerNewYork #BigLaw #WomenInLaw #WomenInLeadership

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Law360 has reported on the Delaware Court of Chancery suit filed by Olshan Frome Wolosky LLP client Martin Siegel, a shareholder of global utility and power company The AES Corp., against eleven of the company’s current and former board members, alleging that the company has "weaponized" advance notice requirements in its bylaws to make it “unreasonably difficult, if not impossible,” for stockholders to nominate candidates for the company’s board. Among the amendments the company made in August 2023 to its bylaws, provisions include an “acting in concert” definition that requires any stockholder who nominates a slate of directors to identify a broad assortment of people in order to make the nomination valid and requiring a nominating stockholder to disclose commercially sensitive performance-related fees it could pay if the value of its company stock appreciates. According to the filing, AES Corp. has stated publicly that it amended its bylaws to address the SEC’s universal proxy card rule that went into effect September 2022, which was intended to make it easier for shareholders to nominate alternative director candidates to company boards but has often resulted in companies adopting onerous advance notice requirements that disenfranchise shareholders. The plaintiff’s motion to expedite asserts that if the Chancery Court does not declare the bylaw provisions invalid before the November 26 deadline to nominate directors for the company’s 2025 stockholders’ meeting, the stockholders' franchise rights will be violated and stockholders will be “permanently harmed.” Olshan Chair of Litigation Lori Marks-Esterman and counsel Jacqueline Ma represent the plaintiff in this matter. #OlshanLaw #Delaware #ChanceryCourt https://lnkd.in/exyWgvr7

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