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Litigation

  • Over the summer, a divided panel of the Ninth Circuit affirmed the denial of a new trial motion and an order denying rehearing en banc in Williams v. Gaye. We now consider whether the final affirmance of the jury verdict in favor of Marvin Gaye's heirs is likely to wreak havoc on musical creativity as some, including the dissent, have argued. For us, the short answer is no.

    September 01, 2018Robert J. Bernstein and Robert W. Clarida
  • The United States Court of Appeals for the Ninth Circuit recently provided additional guidance to creditors seeking to block confirmation of a plan by…

    September 01, 2018Jeff J. Friedman
  • Temple Awarded Specific Performance of Agreement to Reconvey
    Inadequacy of Sale Price Insufficient to Set Aside Foreclosure Sale
    Questions of Fact About Purchaser's Ability to Perform
    Knowledge of True Owner's Claim Does Not Defeat Adverse Possession Defense
    Contract Vendee Entitled to Specific Performance
    Land Seller Did Not Violate General Business Law Section 349
    Statute of Limitations Bars Foreclosure Claim

    September 01, 2018ssalkin
  • Advances in UI Design Can Provide Key Competitive Differentiation and Advantage, Which Makes Protecting Them Critically Important from a Business Perspective

    Advances in UI design can also provide key competitive differentiation and advantage, helping to distinguish otherwise commoditized products and services such as computers, Web services, wearables, and appliances. Given this advantage, protecting advances in UI design can also be critically important from a business perspective.

    September 01, 2018Lawrence H. Aaronson and James L. Korenchan
  • Subletting Rent Stabilized Apartment for Short Periods Is Not a Curable Defect
    Tenant May Terminate When Landlord Failed to Cure Landmarks Violation
    Breach and Fraudulent Inducement Claims Survive Motion to Dismiss
    Late Fees Not Enforceable
    Subtenants Not Entitled to 30 Day Notice

    September 01, 2018ssalkin
  • Part One of a Two-Part Article

    A simple Web search will unearth countless privately-owned golf courses that have closed, are for sale, or have sought bankruptcy protection as an avenue toward a financial restructuring or redevelopment. However, there are limitations on what the owner of a golf course can accomplish in Chapter 11 when the property is burdened with restrictive covenants limiting the use of the property.

    September 01, 2018Daniel A. Lev