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Fresh Filings

ELF Staff

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

Features

Specific Performance Clause May Not Be Enforced In Sale-Leasebacks Image

Specific Performance Clause May Not Be Enforced In Sale-Leasebacks

Peter E. Fisch & Salvatore Gogliormella

Specific performance is an important remedy in real estate transactions, however, it is disfavored by the courts and under certain circumstances (particularly in the case of sale-leasebacks), a specific performance clause, even if properly drafted, may not be enforced by the courts.

Features

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Bit Parts

Stan Soocher

Florida Federal Court's Findings in Battle Over "LINEAR" Band Name Not So Linear Second Circuit Agrees Federal Copyright Law Preempts Right of Publicity Complaint Over Sirius XM's Use of Howard Stern Show Archival Recordings

Features

Sixth Circuit Adds Results-Based Contingency to Fee Payment Approval Image

Sixth Circuit Adds Results-Based Contingency to Fee Payment Approval

Charles M. Tatelbaum & Corey D. Cohen

A recent decision from the U.S. Court of Appeals for the Sixth Circuit may be creating a tsunami of concern to those that represent bankruptcy trustees. The decision, in essence, takes an hourly fee arrangement between the trustee and the trustee's attorneys and adds a results-based contingency to the approval of any fee payment authorization by the bankruptcy court.

Features

Bankruptcy Court Opens Door for Tenants to Assume Leases After a Pre-Bankruptcy Eviction Warrant Image

Bankruptcy Court Opens Door for Tenants to Assume Leases After a Pre-Bankruptcy Eviction Warrant

Paul A. Rubin & Hanh V. Huynh

A recent decision in a Chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the Southern District of New York highlights the significant impact that a 2019 amendment to the New York Real Property and Procedures Law will have on future disputes in bankruptcy cases where the tenant files for bankruptcy after the issuance of a warrant of eviction but before its execution.

Columns & Departments

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IP News

Jeff Ginsberg and George Soussou

Federal Circuit: No Patent Term Adjustments When Claims Change Federal Circuit: Proceeding Need Not Be Terminated Upon Request

Features

The Guaranty Law Only Guarantees A Broken Contract Image

The Guaranty Law Only Guarantees A Broken Contract

Joshua Kopelowitz & Matthew J. Schenker

A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City. The bill that has attracted perhaps the most attention is known as the "Guaranty Law."

Columns & Departments

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Real Property Law

NYRE Staff

Historic District Designation Not Covered By Title Insurance Liquidated Damages Provision Not an Unenforceable Penalty

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Unsigned Lease Agreement Not Binding Requirement That Tenants Speak English Supports Fair Housing Act Claim Nonpayment During Pandemic Not Excused By Lease's Casualty Clause Tenant's Diligent Efforts to Convert Property Satisfied Lease Obligation

Columns & Departments

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Development

NYRE Staff

No Automatic Entitlement to Special Permit Adverse Impact on Burial Sites Justified Variance Denial Area Variance Denial Upheld Special Permit Grant Reinstated

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