Features
Availability of Specific Performance In Commercial Real Estate
Most contracts dealing with the sale and purchase of commercial real estate provide the purchaser with two primary remedies if the seller defaults, one of which is the right to seek specific performance of the seller’s obligations under the contract. This article explores some situations where specific performance may be available, as well as certain requirements that must be satisfied in order to obtain an order of specific performance.
Features
How To Determine Duration of Royalty Contract That Doesn’t Contain Specific End Date
In 1997, Supertramp members Roger Hodgson and Rick Davies, the band’s main songwriters, agreed to share their songwriting and publishing income with the group’s three other members — John Helliwell, Robert Siebenberg and Douglas Thomson — and their personal manager David Margereson. But there was one key point missing in the participation memorandum: The agreement didn’t state how long it would remain in effect. It wasn’t until August 2025 that the issue was decided, by the U.S. Court of Appeals for the Ninth Circuit.
Features
AI In Commercial Construction Contracts
Artificial Intelligence (AI) is permeating every phase of construction — redefining how buildings and projects are designed, managed, and maintained. This article offers practical analysis, sample clauses, and insights into how AI-specific contract terms can mitigate risk and facilitate responsible innovation.
Features
Issues in Reverse Morals Clauses In Talent Influencer Contracts With Product Brands
The next company general counsel to slide a morality clause across the desk for a celebrity or web influencer to sign shouldn't be surprised if that talent also whips out a morals clause, one to cancel the contract if the company's brand acts immorally.
Features
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."
Features
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Features
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
Features
Fate of FTC's Noncompete Ban Unclear After Texas Federal Court Ruling
A Texas federal court's overturning of the Federal Trade Commission's ban on noncompete clauses for most workers is far from the final word on the legality of the controversial rule.
Features
LJN Quarterly Update: 2024 Q2
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
Features
Sui Generis: Collaborate Like You Mean It
Part Three of a Series This article offers up some thoughts about how lawyers ought to access and manage resources in order to provide a multi-faceted, full-service approach to addressing their clients' needs.
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