Mark Raymond

Critical Analysis: Hearsay Provisions Clarified in R v BOB & Others [2024] EWCA Crim 1494 📄 Georgia-Mae Chung provides an in-depth exploration of the Court of Appeal’s recent judgment in R v BOB, BYY, AEN, and BEK, in which Sophie Evans and Abigail Penny acted for two of the four respondents. This decision refines the application of hearsay provisions under the Criminal Justice Act 2003. Highlights include: • Key insights into the reformulated Riat steps, emphasising disclosure as a fundamental safeguard. • Practical guidance on assessing reliability and dovetailing evidence. • The Court’s critique of prosecutorial failings in disclosure obligations. 🔗 Read the full analysis here: https://lnkd.in/eJSjd54F

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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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Latham is joining Skadden, Davis Polk, Simpson Thacher, Ropes & Gray, and Vinson & Elkins in mandating 4 days a week in office. It seems like many traditional Big Law Firms will revert to pre-pandemic work policies in near future, but there are a few firms who have embraced Remote work like Husch Blackwell, Quinn Emmanuel, and Fennemore. If you’d like to make a lateral move or just chat about how the market looks, reach out by DM and we can set up a time. #legal #recruiter #biglaw #lawjobs #lawfirmjobs #lawfirm #legalrecruiting #lawyers #amlaw #amlaw100 #amlaw200 #attorney #lawyer #biglawjobs #legaljobs #careeropportunities #interview #offer #aardvarklegalsearch

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A Cahill litigation team, led by partners Herbert Washer, Joel Kurtzberg, and Jason Hall, prevailed on behalf of Credit Suisse in securing the affirmance of a dismissal of an action brought by twenty-seven plaintiffs alleging that Credit Suisse and other bank defendants violated antitrust laws by setting the Intercontinental Exchange London Interbank Offered Rate (ICE LIBOR) for USD. Learn more here: https://bit.ly/4ixZA0s The team also included counsels Adam Mintz and Lauren Perlgut and associates John Overlander, Chana Tauber, and Paul Joseph (P.J.) Austin.

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Issue 2 of Lateral Moves landed in inboxes this morning. Our monthly report, Lateral Moves, creates a summary of lateral moves to over 250 right-size law firms in the U.S. Read Lateral Moves here: https://lnkd.in/eSssncKf Not on the list? Sign up here: https://lnkd.in/erBHVAXx #LawFirm #LegalIndustry #LateralHire #LawCareers #LegalRecruiting

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Kirkland & Ellis-advised Project Liberty announced Thursday that it has offered to acquire TikTok's U.S. assets, just 10 days before the deadline for the social media platform to divest from its Chinese parent or face a nationwide ban. https://lnkd.in/emB6wSvT

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Glaser Weil partner and co-chair of the Firm’s Corporate Department Marc Indeglia was interviewed by Bloomberg Law for an article analyzing the implications of a recent D.C. Circuit Court ruling that may significantly alter FINRA’s expulsion practices. Learn more: https://lnkd.in/euhTNX9D #FINRA #BrokerDealer #CorporateLaw #SEC

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We’re proud to be named the “IP Litigation Department of the Year” at New York Law Journal’s 2024 New York Legal Awards. 🎉 Our IP team was honored for its most significant achievements over the last two years in noteworthy cases for marquee clients across diverse industries, in venues where IP matters are most often litigated. These wins include a precedential jury trial victory for a video game company in a case related to the copyrightability of tattoos; securing market exclusivity of a blockbuster cancer drug for a major pharmaceutical company in a series of 14 related district court cases; and a victory at the International Trade Commission for a software giant related to the importation of mobile phones into the United States. Since May 2022, our New York IP attorneys have secured tens of millions of dollars in damages and other awards for clients, while helping defendants avoid outright or mitigate potentially billions in damages claims and threatened injunctive relief. Read more: https://lnkd.in/g5myE3gQ

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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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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 Gibson Dunn partner will square off against the former solicitor general of West Virginia in a fight over whether corporate affiliates must pay a real estate company's $46.6 million trademark infringement judgment when they are not parties in the case. https://lnkd.in/e5iQu4pu

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Kessler Topaz Defeats Dismissal Motion in Coinbase Securities Litigation, Investor Claims to Proceed On September 5, 2024, U.S. District Judge Brian R. Martinotti denied Coinbase’s motion to dismiss a shareholder class action against the world’s largest crypto exchange. In a 49-page opinion, the court sustained securities fraud claims brought by Swedish pension fund Sjunde-AP Fonden (AP7) on behalf of investors stemming from Coinbase’s failure to disclose the true business risks facing the nascent crypto platform. These risks included the likelihood that the SEC would pursue an enforcement action against the company for failing to register the digital assets it lists as securities with the Commission. "The court finds plaintiffs have adequately alleged that defendants misleadingly described a favorable picture of the improbability that the SEC would file an enforcement action by repeatedly emphasizing that the crypto assets they listed were not securities," said the judge's order. In June 2023, when the SEC filed its enforcement action against Coinbase, the company’s stock tumbled, causing massive investor losses. The court also sustained AP7’s claim that Coinbase concealed the risk that customers’ crypto assets could be treated as part of the company’s estate in the event Coinbase filed for bankruptcy.  The case, pending in the U.S. District Court for the District of New Jersey, will now proceed to discovery. The KTMC team representing investors includes Matthew Mustokoff, Stacey Kaplan, Margaret Mazzeo, Joshua Materese, Austin Manning, and Dylan Isenberg. The team members were recognized as “Legal Lions of the Week” by Law360 for this important win. https://lnkd.in/e3w5egt8

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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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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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The Masters Conference Legal New York is looking forward to Morgan, Lewis & Bockius LLP panel on "Custodial v. Non-custodial Data Sources and “Missing Data.” Please join us on Wednesday, July 24, 2024 Morgan, Lewis & Bockius LLP as Andrew Peck of DLA Piper, Bansri M. McCarthy and Liz Gary of Morgan, Lewis & Bockius LLP, Kelly Twigger of ESI Attorneys, Jessica Perazzelli Ross of Swiss Re as they discuss the changing landscape of business communications means for identification, preservation and collection of relevant data. For more information and registration https://lnkd.in/g_CDSi-h #ediscovery #legaltech #legaltechnology #legaltechsolutions #generativeai #ai #data #dataprivacy

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U.S. law firm Dechert said that it will close its offices in Beijing, Hong Kong and Chicago later this year. The Philadelphia-founded law firm did not answer questions about why it was closing the offices, which it said would happen 'around the end of the year,' or what would happen to its lawyers and staff based in those cities. Dechert has nine lawyers and patent agents in Chicago, 14 lawyers in Hong Kong and three in Beijing, according to its website. Reuters reported last week that Dechert was considering shuttering the Hong Kong and Beijing locations and consolidating its Asia presence in Singapore, which it confirmed. Chicago is one of the top legal markets in the United States, and several of its homegrown firms are among the country's largest and highest-grossing, including Kirkland & Ellis, Baker McKenzie and Sidley Austin. Dechert opened in Chicago in 2012 with three securities litigators. The Chicago office has also handled other litigation, investigations, finance and intellectual property work. Learn more: https://lnkd.in/gBqUWu5r #legal #legalindustry #lawyers #legalnews

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Latham's litigation department has grown significantly over the past few years, boasting around 1,100 attorneys out of the firm’s 3,700. Litigation demand is on the rise, even as other practice areas face challenges. Ru Bhatt shares the trends he is seeing with Bloomberg Law. https://bit.ly/4dQkcOQ #mlaglobal #lawjobs #lawfirms

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