During the recent oral arguments before it, the U.S. Supreme Court sounded open to extending more fair use protection to an Andy Warhol painting of rock icon Prince than the U.S. Court of Appeals for the Second Circuit did.
- November 01, 2022Scott Graham
What Should Financial Institutions Do Now In Anticipation of a Potential (and Long-Awaited) Downturn What should a prudent lender be doing right now to "brace" itself for the coming financial uncertainty? Adopt a five-point "CAPER" strategy: Communicate, Analyze, Preserve, Execute, and Resolve.
November 01, 2022Erich N. Durlacher"… [B]ecause Congress has not clearly abrogated the solvent-debtor exception," the U.S. Court of Appeals for the Fifth Circuit held that a reorganized solvent debtor had to "pay what it promised now that it is financially capable."
November 01, 2022Michael L. CookWith the recent economic turbulence and pessimism, prudent lenders should be bracing themselves for the coming storm by adopting a five-point "CAPER" strategy: Communicate, Analyze, Preserve, Execute, and Resolve.
November 01, 2022Erich N. DurlacherA look at moves among attorneys, law firms, companies and other players in entertainment law.
November 01, 2022ELF StaffSpecific 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.
November 01, 2022Peter E. Fisch and Salvatore GogliormellaFlorida 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
November 01, 2022Stan SoocherA 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.
November 01, 2022Charles M. Tatelbaum and Corey D. CohenA 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.
November 01, 2022Paul A. Rubin and Hanh V. HuynhFederal Circuit: No Patent Term Adjustments When Claims Change Federal Circuit: Proceeding Need Not Be Terminated Upon Request
November 01, 2022Jeff Ginsberg and George Soussou







