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Litigation

  • When may a New York municipality authorize commercial use of parkland without express authorization of the state legislature? That question recently reached the Court of Appeals in Union Square Park Community Coalition v. New York City Department of Parks and Recreation, in which the court upheld an agreement between the city and a private party authorizing the latter to operate a seasonal restaurant in Union Square Park.

    April 02, 2014Stewart E. Sterk
  • Arbitration of Trademark Dispute Not Required
    Court Finds Tax Preparer's Operations Shady, Puts It Out of Business
    Mode-of-Operation Liability Cannot Be Assumed

    April 02, 2014Rupert Barkoff, Lindsay A. Victor and Janice Inman
  • You have likely read stories of employees being fired for poorly thought-out Facebook posts or controversial Tweets. Depending on your point of view, you may be sympathetic to the employer's desire to avoid being associated with offensive or controversial statements made by an opinionated worker ' or you may be appalled that an employer would concern itself with an employee's use of social media.

    April 02, 2014Todd C. Taylor
  • Anticipatory Repudiation Raises Questions of Fact
    Landlord Not Liable for Breaches of Its Predecessor
    Successful Tenant Entitled To Attorneys' Fees
    Three-Quarter House Residents Not Entitled to Rent Stablization Protection
    Nonprimary Residence Proceeding Succeeds on Remand from Court of Appeals

    April 02, 2014ALM Staff | Law Journal Newsletters |
  • In Bobrow v. Commissioner, U.S. Tax Court Judge Joseph Nega surprisingly ruled that Internal Revenue Code (IRC) Section 408(d)(3)(B), which allows one tax-free 60-day rollover per year, applies to all of a taxpayer's IRAs, rather than to each IRA separately.

    April 02, 2014Amy Neifeld Shkedy and Rebecca Rosenberger Smolen
  • Finding and collecting data from Microsoft's SharePoint is a challenge even for the most sophisticated e-discovery practitioners. And the challenge grows daily as organizations expand their use of SharePoint at an accelerating rate, pouring more and more key data into these siloed sites.

    April 02, 2014Patrick Burke and John Patzakis
  • With Congress considering copyright reform and digital streaming upending the music business, the U.S. Copyright Office has announced it is studying the effectiveness of the music-licensing system. In an effort to assist Congress, the Copyright Office said it is looking for public input on Copyright Act of 1976 provisions that established government-regulated music-licensing regimes.

    April 02, 2014Andrew Ramonas
  • The U.S. District Court for the Southern District of New York refused to throw out part of an antitrust class action brought by television station owners against SESAC, the music licensing organization that represents about 20,000 composers. The ruling came just three months after a magistrate judge in Pennsylvania ruled that radio broadcasters are likely to prevail on similar claims against SESAC.

    April 02, 2014Ross Todd
  • The Supreme Court began 2014 by reversing the Court of Appeals for the Federal Circuit's decision in Medtronic, Inc. v. Mirowski Family Ventures, LLC, holding that the burden of proof on infringement remains with the patent owner even when a licensee files a declaratory judgment suit seeking a judgment of no infringement.

    April 02, 2014Angie M. Hankins