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New York Real Estate Law Reporter Staff

City Had Authority Over Tree Removal on Privately Owned Streets

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Creative Expression vs. the Lanham Act: Six Months of Cases After Jack Daniel's Image

Creative Expression vs. the Lanham Act: Six Months of Cases After Jack Daniel's

Conor Tucker

Last Term, the U.S. Supreme Court decided Jack Daniel's v. VIP Products — a case involving interaction between the Lanham Act and the First Amendment. This article traces the lower courts' reactions and applications to that decision.

Features

Three Things Trustees Should Know About Due Diligence in Preference Litigation Image

Three Things Trustees Should Know About Due Diligence in Preference Litigation

Brad Jones

Courts have struggled with the interpretation of the 2019 amendment to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff's complaint. While the law is still developing, there are three important takeaways for trustees to consider.

Features

Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs Image

Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs

Stan Soocher

2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.

Features

Split Second Circuit Narrows Bankruptcy Code's Settlement Payment Safe Harbor Image

Split Second Circuit Narrows Bankruptcy Code's Settlement Payment Safe Harbor

Michael L. Cook

The majority was sensibly concerned with the possible structuring of leveraged buyouts by artful counsel who would use a financial institution as a "mere conduit" to exploit the Code's safe harbor.

Features

The Benefits of Utilizing a Written Joint Defense Agreement Properly Tailored to Limit Future Conflicts Image

The Benefits of Utilizing a Written Joint Defense Agreement Properly Tailored to Limit Future Conflicts

Robert J. Anello & Richard F. Albert

A recent decision from the U.S. District Court for the Southern District of Florida illustrates a benefit of utilizing a written joint defense agreement properly tailored to limit future conflicts, rather than relying on the oral agreements that are common among many practitioners.

Features

Distressed Real Estate Bankruptcies Continue, Despite Interest Rate Peak Image

Distressed Real Estate Bankruptcies Continue, Despite Interest Rate Peak

Andrew C. Kassner & Joseph N. Argentina Jr.

Although interest rates may have peaked, we continue to expect a large volume of distressed real estate debtors to utilize the bankruptcy system over the next couple of years. This article analyzes two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.

Features

Distressed Real Estate Filings to Continue Image

Distressed Real Estate Filings to Continue

Andrew C. Kassner & Joseph N. Argentina Jr.

Although interest rates may have peaked, we continue to expect a large volume of distressed real estate debtors to utilize the bankruptcy system over the next couple of years. This article analyzes two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.

Columns & Departments

Players On the Move Image

Players On the Move

Entertainment Law & Finance Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Features

CRE Case Roundup: Analysis of Recent Cases In Commercial Leasing Image

CRE Case Roundup: Analysis of Recent Cases In Commercial Leasing

Stewart Sterk & Scott Mollen

Stewart Sterk, Mack Professor of Law at the Cardozo School of Law and Editor-in-Chief of New York Real Estate Law Reporter and Scott Mollen, partner at Herrick Feinstein provide analysis of recent cases regarding commercial real estate.

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