Clause & Effect
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
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Ticket Resellers' Campaign Raises Securities Law and Money Laundering Issues
Chris Castle
Some markets allow for the sale of a future contract for tickets that have not gone on sale as yet (i.e., "speculative ticketing"). The future contract, like an option or a commodities future, allows someone to purchase the right to buy a ticket once the tickets are offered for sale. This seems to implicate securities law issues, broker-dealer regulations and potentially the general solicitation rule.
Features
The Role of Third-Party Releases In Successful Chapter 11 Reorganizations
John J. Rapisardi
&
Jacob T. Beiswenger
Part Two of a Two-Part Article In Part Two, we continue the analysis by evaluating two constitutional issues arising from third-party releases: whether creditor consent to be bound by a third-party release is required to satisfy the due process clause of the Fifth and Fourteenth Amendments; and whether bankruptcy courts have constitutional authority to issue final orders granting third-party releases in a plan of reorganization under Stern v. Marshall.
Features
Fourth Circuit: Corporate Subchapter V Debtors Subject to Discharge Exceptions Under Bankruptcy Code
Lawrence J. Kotler
&
Elisa Hyder
In a matter of first impression not yet addressed by any circuit court, the Fourth Circuit addressed whether the discharge exceptions under Section 523(a) apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.
Features
Legal Travel Is Back: Post-Pandemic Tips for Lawyers Traveling for Trials
Ryan Spear
Many courts across the country have resumed in-person trial operations. Law firms now face new challenges when it comes to planning for out-of-town trials, as the return to in-person proceedings requires coordinating travel logistics such as airfare, hotel reservations and technological needs.
Features
Three Takeaways from 'Casey v. Whitehouse Estates' Rent Regulation Decision
Jeffrey Turkel
On March 16, 2023, the Court of Appeals decided Casey v. Whitehouse Estates, Inc., the first Court of Appeals ruling to address rent regulation since its landmark decision in Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, the Court of Appeals unanimously reversed the First Department's finding that the landlord's purported fraud mandated use of DHCR's so-called default rent formula.
Columns & Departments
Development
NYRE Staff
Sand Mine Enjoys Nonconforming Use Protection Contract Vendee Entitled to Use Variance Despite Knowledge of Ordinance's Provisions
Columns & Departments
Real Property Law
NYRE Staff
Strict Liability for Excavation Damage Easement Was Non-Exclusive Purchaser's Claims Barred By Merger Doctrine, Caveat Emptor Purchaser's Claim Based on Inoperative Elevator Dismissed In the Absence of Active Concealment Deed Forgery Claim Survives Motion to Dismiss
Columns & Departments
Landlord & Tenant Law
NYRE Staff
Wrongful Eviction Claim Raises Questions of Fact Yellowstone Injunction Cure Period
Features
Appellate Court Reverses Chapter 11 Confirmation Order Based on Faulty Tax Ruling
Michael L. Cook
The Northern District of California recently issued two blistering opinions on appeals by the IRS and California Franchise Tax Board from a bankruptcy court's Chapter 11 plan confirmation order and a tax determination order.
Features
Syndicated Commercial Real Estate Loan Transactions In Today's Market
Richard S. Fries
&
Darby K. Brown
Larger commercial real estate mortgage loans are often originated by a group or "syndicate" of lending institutions that each contribute a portion of the overall loan proceeds and share the benefits and risks. This article describes several significant features of a "syndicated" real estate loan that are not commonly known or understood.
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MOST POPULAR STORIES
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
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- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›