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Litigation

  • A current dispute over a band name that's worth tracking is one between two founding members of "The Isley Brothers," the legendary r&b group, that focuses on what happens to ownership of the band name rights when one member stops performing with the group but continues to be involved in its business affairs.

    October 01, 2023Stan Soocher
  • Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.

    October 01, 2023Stewart E. Sterk
  • The Eighth Circuit's decision in Simply Essentials has practical significance for Chapter 11 debtor in possession (DIP) lenders. U.S. Trustees and unsecured creditors regularly object to the granting of liens on avoidance actions, but this and other appellate rulings should now eliminate the purported legal obstacle.

    October 01, 2023Michael L. Cook
  • Questions of Fact About Whether Tenant Exercised Renewal Option Hearing Necessary to Determine Whether Landlord Can Remove Tenant to Complete Restoration Work Questions of Fact About Landlord Fraud Additional Security Deposit Constitutes Source of Income Discrimination

    October 01, 2023New York Real Estate Law Reporter Staff
  • The U.S. District Court for the District of Columbia recently upheld a final refusal by the U.S. Copyright Office to register a visual work that was "autonomously created by a computer algorithm running on a machine," which the plaintiff called the Creativity Machine and identified as the "author" of the work.

    October 01, 2023Robert W. Clarida and Thomas Kjellberg
  • Questions of Fact Remain About Width of Easement Transfer Invalidated As Fraudulent Transfer Cotenant's Operation of Mine Not Enjoined Homeowners Association Lacked Standing to Enforce Covenant Easement Holder Liable for Trespass After Easement Was Extinguished

    October 01, 2023New York Real Estate Law Reporter Staff
  • Notable court filings in entertainment law.

    October 01, 2023Entertainment Law & Finance Staff
  • Site Plan Denial Overturned Claim for Encroachment Reinstated Area Variance Upheld

    October 01, 2023New York Real Estate Law Reporter Staff