The amendments to the Federal Rules of Civil Procedure in 2015 intended to clarify some of the ambiguities that caused inconsistent rulings in e-discovery matters. One such amendment was to Rule 37(e), which seemed to indicate that courts would not levee punitive sanctions without establishing “intent to deprive.” Despite this language, though, courts continue rely on their inherent authority to issue sanctions, meaning organizations must take their preservation obligations seriously.
Stewart E. Sterk
The New York City Landmarks Preservation Law authorizes the Landmarks Preservation Commission (LPC) to designate interior landmarks as well as exterior landmarks. An interior site is eligible for designation only if the public has access to the site, but once the LPC has designated the interior landmark, can the LPC authorize its owner to close the landmark to public access?
Glenn A. Browne
When negotiating permitted-use clauses under retail leases, landlords attempt to achieve the most comprehensive limitations possible so as to avoid conflicts with other tenants’ leases and violations of exclusive-use clauses that are maintained by other tenants in the retail facility. Tenants, however, should be very careful to incorporate a certain degree of flexibility and adaptability into their leases’ permitted-use clauses to take into account an evolving landscape.
Wesley Overson, Otis Littlefield, Mat Swiderski, and Stephanie Blij
Since the U.S. Supreme Court decided Mayo and Myriad, the Federal Circuit has expanded the holdings and invalidated more patents directed to biological discoveries. If the newly discovered correlations and properties of what is found in nature cannot be patented, what strategies for protection are left for companies doing biological research?
As the now four-and-a-half-year-long legal dispute between Kesha and her former music producer Dr. Luke continues in New York court, a state appeals panel has decided that the pop singer can compel Sony Music Entertainment to identify people interviewed in its internal investigation that examined Kesha’s claims of sexual misconduct by the producer.
City Not Estopped from Preventing Construction of Building Despite Longstanding Interpretation of Zoning Resolution
Broker Breaches Fiduciary Duty By Making Offer That Competes With Client
Amendment to Association Bylaws Not Effective Until They Are Recorded
Seller Entitled to Cancel Contract When It Could Not Clear Title
Buyer’s Waiver of Defects In Title Preclude Cancellation By Seller
Questions of Fact Preclude Summary Judgment on Mortgage Contingency Issues
Broker Not Entitled to Summary Judgment on Fraud Claim By Prior Owner
Easement By Prescription Established
The Fifth Circuit Court of Appeals recently issued a decision that explains some of the requirements for deducting litigation expenses. The facts of the case are bizarre, but the controlling legal principles are not.
Janice G. Inman
The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.
The case is rooted in an underlying lawsuit filed nearly two decades ago in New York by black music promoters Leonard Rowe and Lee King against the William Morris Agency and several other booking and talent agencies.