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Litigation

  • Ultimately, Village at Lakeridge is noteworthy for what the Supreme Court did not decide. In granting certiorari, the Supreme Court declined to address whether the lower courts' various “non-statutory insider” tests should be refined. As concurrences from Justices Sotomayor and Kennedy emphasized, though, that issue is ripe for increased scrutiny.

    May 01, 2018Daniel A. Lowenthal and J. Taylor Kirklin
  • Is This The End of the 'Yellowstone' Doctrine?

    Recently, New York's Appellate Division, Second Department, acknowledged that commercial landlords may employ a strategy that prevents tenants from exercising Yellowstone rights, which enjoin the landlord from terminating the lease or commencing a summary proceeding.

    May 01, 2018David B. Saxe and Danielle C. Lesser
  • New York State Bar Association Entertainment, Arts & Sports Law Section Annual Spring Meeting

    May 01, 2018ssalkin
  • Slip-and-Fall Victim Cannot Recover from Landlord or Tenant

    May 01, 2018ssalkin
  • The culturally conscious property owner may be interested in commissioning an artist to beautify the outdoor wall of the owner's warehouse space. However, it's important to understand the legal effect of commissioning such work and the scope of rights that the property owner acquires and surrenders as a result.

    April 01, 2018Matthew V. Wilson and Tucker Barr
  • One of the key requirements of a lease, from a landlord's viewpoint, is that it ensures the landlord has the ability to access a tenant's space. When preparing a lease for a landlord, consider including the following items to make sure that the landlord is permitted access to all spaces on the premises at all appropriate times.

    April 01, 2018Mark Morfopoulos
  • The important ongoing industry and national conversation about sexual harassment is serving as a wake-up call to entertainment companies, board members and C-suite executives about the need to be proactive when confronted with allegations of harassment or other workplace misconduct.

    April 01, 2018Carri H. Cohen, Janie F. Schulman and Joshua Hill
  • Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24/7. That's exactly what media-monitoring service TVEyes did. There was no dispute that TVEyes had copied Fox News's content. Instead, the issue was whether TVEyes's service constituted fair use.

    April 01, 2018Crystal Genteman and Chris Bussert