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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

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

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

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

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

Columns & Departments

Co-ops and Condominiums

NYRE Staff

Nonprofit Has Standing to Challenge Condominium's Alleged Violation of Fair Housing Act

Features

Right to Funds from Sale of Tax Credits At Issue In Litigation Between Production Companies Image

Right to Funds from Sale of Tax Credits At Issue In Litigation Between Production Companies

Stan Soocher

State tax credits are valuable tools for helping meet the costs of producing films, TV shows, commercials, and other media and entertainment productions. But if more than one production company is involved with a project, a legal dispute can arise over which company owns the right to the tax credit funds.

Features

Malpractice Claim Over Prince Tracks Is Governed by Massachusetts Law Image

Malpractice Claim Over Prince Tracks Is Governed by Massachusetts Law

Colleen Murphy

The Mass. Appeals Court ruled that a legal malpractice claim brought by representatives of the iconic musician Prince's estate against an attorney and his firm is governed by Massachusetts, not Minnesota, law.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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