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Litigation

  • The Supreme Court had granted cert in Fourth Estate to resolve a split in the federal circuit courts as to whether §411(a) of the Copyright Act could be read to allow commencement of an infringement action once a registration application filed with the Copyright Office is complete (the “application approach”) or, instead, only (subject to limited statutorily specified exceptions) upon issuance by the Copyright Office of the registration (the “registration approach”).

    April 01, 2019Robert J. Bernstein and Robert W. Clarida
  • When developers convert occupied buildings to condominiums or, less frequently, cooperative ownership, non-purchasing tenants are protected from eviction. When tenants in those buildings acquire vested rights as non-purchasing tenants is significant for developers, because the timing dictates the number of units that will be available for sale to outside purchasers. It is, therefore, no surprise that this is a highly charged and contested issue.

    April 01, 2019Deborah E. Riegel
  • Part One of a Two-Part Article When entering into a lease for commercial space, there are some items that should not be overlooked. Landlords and tenants alike should make sure that the following things are addressed in the lease, one way or another.

    April 01, 2019Alan Nochumson
  • Cemetery Entitled to Use Variance
    ZBA Usurpation of Planning Board Authority
    Statutory Factors Need to Be Considered In Denial of Area Variance

    April 01, 2019ssalkin
  • “What started off as a jam-packed week of parties, concerts, and watching renowned rappers mixing new music tracks in the waning days of summer abruptly ended with Norris Gresham being dragged down a flight of 30 stairs and viciously pistol whipped in front of a crowd of onlookers.”

    April 01, 2019Katheryn Hayes Tucker
  • An Illinois Appellate Court recently ruled in favor of a commercial tenant after a new owner acquired a commercial building and attempted to collect accrued unpaid rent owed to the previous landlord.

    April 01, 2019Ira Fierstein and Michelle Palka
  • Recent actions by the DOJ suggest that although the DOJ may continue to prosecute certain relators' FCA cases, other relators may find themselves on the other side of a government motion to dismiss.

    April 01, 2019Jacqueline C. Wolff