Columns & Departments
New York Real Estate Law Reporter Staff
Liquidated Damages Clause Might Constitute Unenforceable Penalty
Features
Kat Black
Amazon and Starbucks were granted a motion to dismiss most claims against them in a proposed class action alleging that the companies illegally tracked consumers' biometric information.
Features
Jennifer L. Alexander
The effectiveness of the Good Cause Eviction Law will largely depend on its implementation and the local adaptations that municipalities outside New York City decide to enact. Both landlords and tenants should stay informed about the specifics of how this law is applied in their respective locales and it will be interpreted and handle in the judicial system.
Features
Theresa A. Driscoll
Until now, a successful reorganization assumed the debtor could confirm a plan with nondebtor releases and injunctions based on less than full creditor consensus. Now that nonconsensual releases in Chapter 11 plans are no longer permitted, will debtors have a more difficult time obtaining a 105(a) injunction?
Features
Howard J. Shire
&
Justin Tilghman
In a landmark decision, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent.
Columns & Departments
New York Real Estate Law Reporter Staff
Condominium Purchaser Was On Inquiry Notice of Unrecorded Easement
Condominium Board May Not Depart from Declaration's Funding Provisions
Failure to Make Repairs Does Not Excuse Failure to Pay Common Charges
Features
Francis J. Lawall
&
Tori L. Remington
In a recent decision, the U.S. Supreme Court held that the government was not required to refund millions of dollars paid by a Chapter 11 debtor pursuant to an unconstitutional fee scheme between the judicial districts.
Features
Jeffrey M. Rosenthal, Vincent J. Roldan
&
Joshua S. Bauchner
Armed with two circuit-level decisions, creditors who lose at the bankruptcy court level may feel encouraged to appeal. As of now, no court in the Second Circuit has addressed the issue and it remains to be seen how other courts will react.
Columns & Departments
New York Real Estate Law Reporter Staff
Notice Sufficient In Action to Eject Occupant
Lease's Taking Clause Excuses Tenant from Payment of Rent<br
Village's ETPA Resolution Upheld
Landlord's Delay In Providing Itemized Statement Precludes Landlord from Retaining Any Portion of Security Deposit
Assignee Liable for Breach of Lease
Constructive Eviction and Warranty of Habitability Defenses Rejected
Features
Catherine Nyarady
&
Crystal Parker
The Act is intended to guard against patent trolling and creates a private cause of action for those targeted by bad faith infringement assertions and contemplates two types of relief: remedies and a bond requirement.
