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Landlord & Tenant
Unique Circumstances Require Rent Recomputation<br>City Human Rights Law Requires Landlord to Convert Window Into Wheelchair Accessible Entrance<br>“As Is” Clause Does Not Bar Claim That Landlord Intentionally Caused Defective Conditions
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Development
LPC's Denial of Hardship Application Upheld<br>Developer's Failure to Obtain Final Decision Deprives Federal Court of Subject Matter Jurisdiction<br>Spot Zoning and SEQRA Challenges Rejected
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Cooperatives & Condominiums
Purchaser Adequately Alleged Concealment of Defects<br>Space Allocation Cannot Be Changed Without Unanimous Vote; Unjust Enrichment Claim Survives
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Real Property Law
No Easement Created<r>Grant Created Valid and Alienable Possibility of Reverter<br>Contract Vendee Entitled to Specific Performance<br>Questions of Fact About Scope of Mortgage
Features

How Disney Qualified for Design Patent for Marvel's Captain America Shield
Fans of movies about fictional superheroes are probably familiar with Captain America and his miraculous shield. Recently, however, his shield showed up in a most unlikely place: the U.S. Patent and Trademark Office (USPTO).
Features

Protecting Privilege Before and After a Cyber Breach
Critical to any counsel working to prevent a cyber attack or respond to a successful cyber intrusion is an understanding of why and how to properly utilize both attorney-client and work-product privilege.
Features

Counsel Concerns: Lawyer Ethics Rule In Play in Suit By Business Manager Against Rap Artist
The U.S. District Court for the Western District of North Carolina dismissed a conversion counterclaim by rapper Chingy against his former business manager Leslie King, who is a lawyer, on the ground that the artist hadn't established that a royalty purchase agreement he signed with the lawyer was void for allegedly violating the state's attorney ethics rule. However, the district court allowed the artist to pursue the ethics rule as an affirmative defense in the underlying lawsuit the attorney's music company has filed against Chingy.
Features

'Surrealistic' Suit Against Museum over Dalí Persona
The Spanish foundation that administers the intellectual property rights of famed surrealist Salvador Dalí is suing a Monterey, CA, museum that displays a permanent Dalí exhibition and uses the artist's name and likeness to promote it.
Features

Losing the Ability to Conduct Business, Period
<i><b>The Potential Impact of Multilateral Development Bank Sanctions</i></b><p>What could be worse than a several-hundred-million dollar Foreign Corrupt Practices Act fine hitting your company? How about not being allowed to even compete for many of your most important contracts for a period of several years.
Features

Foreign Lost Profits Recoverable for Patent Damages
The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2). The holding in <i>WesternGeco LLC v. ION Geophysical</i> rejects the Federal Circuit's categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›