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Commercial Leasing Law & Strategy
NYC Guarantor Liability for Post-Window-Period Rent
Cheryl Ginsburg
In Tamar Equities Corp. v. Signature Barbershop 33 Inc., the Appellate Division analyzed whether the Guaranty Law bars recovery from a guarantor where a commercial tenant’s default initially arose during the Guaranty Law’s window period, but persisted after its expiration.
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Entertainment Law & Finance
U.S. Supreme Court Hears Arguments on Whether Copyright Plaintiffs Can Reach Back More Than Three Years for Infringement Damages
Stan Soocher
In a case of first impression, the Eleventh Circuit decided that a copyright plaintiff may recover damages that occur more than three years before a copyright lawsuit is filed.
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Entertainment Law & Finance
Nugent Photo Copyright Dispute Offers Appellate Look at Post-Warhol Fair-Use Analysis
Avalon Zoppo
The Fourth Circuit ruled that a copyright infringement claim against a news site, for using a photo of musician Ted Nugent without credit, could proceed, one of the first federal appellate decisions interpreting the U.S. Supreme Court’s most recent iteration of the fair use test.
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The Bankruptcy Strategist
Landmines In Bankruptcy Appellate Practice, Part III
Michael L. Cook
When courts have made important exceptions in the past year, they have either added a gloss on the Judicial Code, corrected lawyers’ errors, filled in statutory gaps, or clarified the relevant statutory language.
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New York Real Estate Law Reporter
Guarantor Liability for Post-Window-Period Rent
Cheryl Ginsburg
In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.
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Entertainment Law & Finance
Counsel Concerns
Entertainment Law & Finance Staff
Malpractice Claims Filed Against Loeb & Loeb and Of Counsel Over King Fury 2 Film Production
King, Holmes, Paterno & Soriano Sued for Malpractice Over Representation of Sublime Band
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The Bankruptcy Strategist
A Strategic Guide for Lenders to Navigate Anticipated Distressed Loan Fallout
Jay Steinman and Karina Leiter
The steps outlined in this article offer a strategic guide for lenders, empowering them to navigate the complexities of loan workouts and enforcement actions with resilience and foresight.
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New York Real Estate Law Reporter
Co-ops and Condominiums
New York Real Estate Law Reporter Staff
Foreclosure on Lien for Common Charges Not Dismissed
Condominium Entitled to Impose Reasonable Fee for Consent to Hallway Enclosure
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Illegality Defense Raises Questions of Fact
Good Guy Guaranty Not Released
Exchange of Texts Does Not Constitute Settlement Agreement
Landlord’s Fraudulent Conveyance Claim Against Parking Lot Chain Avoids Dismissal
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Entertainment Law & Finance
Fresh Filings
Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.
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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
Boathouse Not an Impermissible Second Dwelling
Reduction In Size Did Not Alter Nonconforming Use Status
Local Ordinance Did Not Prohibit Short-Term Rentals
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Entertainment Law & Finance
Players On the Move
Entertainment Law & Finance Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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The Bankruptcy Strategist
Analysis of Recent Real Estate Sector Bankruptcy Rulings
Andrew C. Kassner and Joseph N. Argentina Jr.
Analysis on distressed real estate cases that present different issues. One involves the debtor’s sale of real estate over the objection of the secured lender. The other involves a debtor’s attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case.
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The Intellectual Property Strategist
IP News
Jeff Ginsberg and Collin Hong
Federal Circuit: ITC Did Not Err In Finding Violation of Section 337
Federal Circuit: PTAB Did Not Err In Claim Construction and Finding Certain Claims Obvious
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New York Real Estate Law Reporter
Real Property Law
No Adverse Possession Because Possessor Had No Reasonable Basis for Belief
Quiet Title Claim Dismissed When Claimant’s Deed Was the Product of Scrivener’s Error
Action to Remove Cloud On Title Not Barred By Statute of Limitations
Obstruction of View Not a Nuisance
Unrecorded Easement Binding On Servient Owner With Actual Notice
Nominal Damages Available for De Minimis Encroachment
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Justin Timberlake Appeals After His Anti-SLAPP Motion Fails to Stick In Documentary Deal Litigation
Texas Federal Magistrate Finds California Unfair Competition Claim Should Be Ejected from Litigation Between Talent Agencies and That Dispute Should First Be Heard by California Labor Commissioner
TV/Film Development Software Can Be Trade Secret
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The Intellectual Property Strategist
All the News That’s Fit to Pinch
Jonathan Moskin and Rachel Pauley
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
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The Intellectual Property Strategist
IP News
Howard Shire and Justin Tilghman
In Patrick v. Poree, the United States Court of Appeals for the Eleventh Circuit affirmed the denial of default judgment and summary judgment of copyright infringement claims based on a lack of evidence that the plaintiff owned a valid copyright.
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The Bankruptcy Strategist
Landmines In Bankruptcy Practice, Part II
Michael L. Cook
By enforcing deadlines strictly, refusing to hear appeals from interlocutory orders, and rarely bypassing the district court for direct appeals, appellate courts have generally avoided what they view as unnecessary work and delay. But a few courts have made important exceptions in the past year.
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Entertainment Law & Finance
Can Anti-SLAPP Motion Denials Be Immediately Appealed?
Avalon Zoppo
In a move of keen interest to the entertainment industry, the full U.S. Court of Appeals for the Ninth Circuit has agreed to review whether a judge’s denial of a motion to strike a California Strategic Lawsuits Against Public Participation suit can be immediately appealed by the defendant who claims the case was brought solely to chill its speech.
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The Bankruptcy Strategist
DE Bankruptcy Court Decision Provides Reminder of Potential Consequences of Violating the Automatic Stay
Mark E. Felger and Simon E. Fraser
An opinion from the U.S. Bankruptcy Court for the District of Delaware provides a reminder of the potentially severe punishment that a party can suffer as a result of its violation of the automatic stay of Section 362 of the Bankruptcy Code, even if the debtor does not suffer any actual damages as a result of the violation.
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How New York Times’ Lawsuit Over AI Software Copying Differs From Prior Copyright Complaints
Isha Marathe
The New York Times’ copyright infringement lawsuit against OpenAI and Microsoft is said to be AI’s “Napster Moment.” But observers are torn about the case’s legal merits, citing differing views around how exactly AI “Large Language Models” are trained.
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The Bankruptcy Strategist
Could Mass Tort Bankruptcies Fall Apart in 2024?
Amanda Bronstad
Mass tort bankruptcies took some big hits in 2023, with two of them dismissed outright, and two more potentially hanging in the balance.
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The Bankruptcy Strategist
SCOTUS Looks for Remedy to Its Bankruptcy Fee Congressional Overstep Ruling
Jimmy Hoover
The U.S. Supreme Court on January 9 debated the proper remedy for its 2022 ruling that Congress violated the Constitution when it imposed steep bankruptcy fee hikes on large debtors in some districts but not others.
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Entertainment Law & Finance
Fresh Filings
Entertainment Law & Finance Staff
Notable court filings in entertainment law.
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New York Real Estate Law Reporter
RLUIPA Claim Is Ripe for Judicial Review When Zoning Board Failed to Hear Appeal
Steven M. Silverberg
In a reversal of the District Court, the Second Circuit Court of Appeals found that the failure of a local Zoning Board of Appeals to hold a hearing on an appeal from the determination of the building inspector, constituted a final determination that was ripe for judicial review.
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New York Real Estate Law Reporter
Real Property Law
New York Real Estate Law Reporter Staff
Forgery Claim Not Barred By Statute of Limitations, Laches, or Equitable Estoppel
Recorded Easement Was Abandoned
No Easement By Implication Where Parcel Had Water Access from a Different Lot
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Settlement Agreement Did Not Terminate Guarantor’s Obligation
Tenant Failed to Raise Question of Fact About Whether Building Contained Six or More Units and Was Therefore Subject to Rent Stabilization
Landlord Not Entitled to Future Rent from Tenant While Also Enjoying Possession
Guarantor Not Liable for Use and Occupancy
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New York Real Estate Law Reporter
Co-ops and Condominiums
New York Real Estate Law Reporter Staff
Tortious Interference Claim Dismissed
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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
City Had Authority Over Tree Removal on Privately Owned Streets
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The Intellectual Property Strategist
Creative Expression vs. the Lanham Act: Six Months of Cases After Jack Daniel’s
Conor Tucker
Last Term, the U.S. Supreme Court decided Jack Daniel’s v. VIP Products — a case involving interaction between the Lanham Act and the First Amendment. This article traces the lower courts’ reactions and applications to that decision.
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The Bankruptcy Strategist
Three Things Trustees Should Know About Due Diligence in Preference Litigation
Brad Jones
Courts have struggled with the interpretation of the 2019 amendment to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff’s complaint. While the law is still developing, there are three important takeaways for trustees to consider.
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Entertainment Law & Finance
Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs
Stan Soocher
2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.
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The Bankruptcy Strategist
Split Second Circuit Narrows Bankruptcy Code’s Settlement Payment Safe Harbor
Michael L. Cook
The majority was sensibly concerned with the possible structuring of leveraged buyouts by artful counsel who would use a financial institution as a “mere conduit” to exploit the Code’s safe harbor.
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Business Crimes Bulletin
The Benefits of Utilizing a Written Joint Defense Agreement Properly Tailored to Limit Future Conflicts
Robert J. Anello and Richard F. Albert
A recent decision from the U.S. District Court for the Southern District of Florida illustrates a benefit of utilizing a written joint defense agreement properly tailored to limit future conflicts, rather than relying on the oral agreements that are common among many practitioners.
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The Bankruptcy Strategist
Distressed Real Estate Bankruptcies Continue, Despite Interest Rate Peak
Andrew C. Kassner and Joseph N. Argentina Jr.
Although interest rates may have peaked, we continue to expect a large volume of distressed real estate debtors to utilize the bankruptcy system over the next couple of years. This article analyzes two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.
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Commercial Leasing Law & Strategy
Distressed Real Estate Filings to Continue
Andrew C. Kassner and Joseph N. Argentina Jr.
Although interest rates may have peaked, we continue to expect a large volume of distressed real estate debtors to utilize the bankruptcy system over the next couple of years. This article analyzes two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.
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Entertainment Law & Finance
Players On the Move
Entertainment Law & Finance Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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The Bankruptcy Strategist
To What Extent Does a Bankruptcy Court Have Jurisdiction Over a Post-Confirmation Lawsuit?
Lawrence J. Kotler
In the recent decision of Tew v. ED&F Man Capital Markets, the U.S. Bankruptcy Court for the Eastern District of Kentucky addressed a thorny decision for all bankruptcy courts, namely to what extent a bankruptcy court has jurisdiction over a post-confirmation lawsuit.
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Commercial Leasing Law & Strategy
CRE Case Roundup: Analysis of Recent Cases In Commercial Leasing
Stewart Sterk and Scott Mollen
Stewart Sterk, Mack Professor of Law at the Cardozo School of Law and Editor-in-Chief of New York Real Estate Law Reporter and Scott Mollen, partner at Herrick Feinstein provide analysis of recent cases regarding commercial real estate.
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Entertainment Law & Finance
Fresh Filings
Entertainment Law & Finance Staff
Notable court filings in entertainment law.
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The Bankruptcy Strategist
Following Uptick In 2023, Bankruptcy Lawyers Are Expecting a Busy 2024
Alexander Lugo
Predictions of an uptick in bankruptcy filings came true this year, and bankruptcy lawyers are expecting a steady continuation into 2024, with the use of alternative approaches continuing to increase.
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The Bankruptcy Strategist
Litigation Finance Offers Significant Benefits for Restructuring Matters
Jeffery Lula
In today’s volatile economic climate, companies need to be more creative to find ways to mitigate risk. Litigation finance is one of those out-of-the-box solutions that can provide benefits.
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Entertainment Law & Finance
Ninth Circuit Focuses On Extrinsic Test In Ruling On Choreography Copyright
Stan Soocher
Reversing and remanding, the Ninth Circuit emphasized: “The district court’s approach of reducing choreography to ‘poses’ is fundamentally at odds with the way we analyze copyright claims for other art forms, like musical compositions.”
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Commercial Leasing Law & Strategy
Second Circuit Likely to Deliver Big Win for Commercial Shopping Center Lessor
Michael L. Cook
The U.S. Court of Appeals for the Second Circuit, on remand from the Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave “adequate assurance of future performance of” a commercial real property shopping center lease “as required by the Bankruptcy Code after the debtor’s assignment of its lease.
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The Bankruptcy Strategist
Key Win Likely for Commercial Shopping Center Lessor In Second Circuit
Michael L. Cook
The Second Circuit, on remand from the U.S. Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave “adequate assurance of future performance of” a commercial real property shopping center lease “as required by [Bankruptcy Code] §365(b)(3)(A),” after the debtor’s assignment of its lease.
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The Bankruptcy Strategist
CA Bankruptcy Court Throws Regulatory Concerns Aside and Sides With Cannabis Business’ Chapter 11 Plan
Lawrence J. Kotler and Ryan Spengler
While this case does not fully open the courthouse doors to cannabis-related businesses and seemingly grants the bankruptcy courts a great deal of discretion when ruling on similar cases in the future, cannabis-related businesses may now have a roadmap to pursue reorganization.
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New York Real Estate Law Reporter
Real Property Law
New York Real Estate Law Reporter Staff
Notice of Pendency Improper In Private Nuisance Action
Incapacity and Undue Influence Challenge to Deed Fails
Authority Entitled to Divert Surface Water
Covenant Restricting Landscaping Changes Enforced
Failure to Record Does Not Invalidate Deed Against Purchaser Charged With Notice
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The Bankruptcy Strategist
Fifth Circuit: Pre-petition Payout of Insurance Proceeds Should Be Classified As a ‘Transfer of An Interest’
Francis J. Lawall and Brenden S. Dahrouge
In upholding the bankruptcy court’s determination that the payment of insurance proceeds could be such a transfer, the Fifth Circuit underscored the complex interplay between state law, bankruptcy law and the rights of creditors in bankruptcy proceedings.
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New York Real Estate Law Reporter
Eminent Domain Law
New York Real Estate Law Reporter Staff
Attorney’s Fee Awarded On Interest Accruing During Appeal
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