Lenders must carefully analyze the full ramifications of how best to approach the constructive fraudulent transfer issue when it emerges in their bankruptcy case.
October 01, 2019Arthur Steinberg and Michael R. Handler
Court Decides Who Is the 'Prevailing Party' No Duty to Collect Rent from Subsequent Tenant
October 01, 2019ssalkinWhen a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue? Until this past June, when the Supreme Court decided Knick v. Township of Scott, the answer was clear: state court and only state court. Knick changed all that.
September 01, 2019Stewart E. Sterk and Michael C. PollackMortgagee Entitled to Deficiency Judgment When Mortgagor's Submissions Are Insufficient to Rebut Mortgagee's Appraisal Foreclosure Action Proceeds Despite Failure to Formally Discontinue Prior Foreclosure Action Forbearance Agreement Tolled Statute of Limitations Foreclosure Proceeding Dismissed for Lack of Standing Did Not Accelerate Mortgage
September 01, 2019ssalkinLandlord Failed to Rebut Presumption of Willfulness Landlord Substantiated Individual Apartment Improvements Vacatur of Stipulation for Use and Occupancy Overturned Occupant's Deception Waived Succession Rights Setting Rent for Unit First Decontrolled In 1954
September 01, 2019ssalkinCommercial Units Should Be Counted In Determining Amount of Reserve Fund
September 01, 2019ssalkinBranding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.
September 01, 2019David S. GoldThe owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
September 01, 2019Tom GushueThe decision in Romag Fasteners v. Fossil will bring welcome uniformity, ending the status quo where eligibility to recover profits under the Lanham Act depends on which court is deciding the dispute
September 01, 2019Norman C. Simon and Patrick J. CampbellThat U.S. copyright-assignment termination issues are among the most complex in the copyright field becomes even more apparent when attempts to reclaim copyrights involve aspects of international law. Few courts have ruled, however, on the impact of international law on U.S. copyright-assignment terminations. The most recent to do so is the U.S. Court of Appeals for the Second Circuit in Ennio Morricone Music Inc. v. Bixio Music Group Ltd.
September 01, 2019Stan Soocher
