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Are Voting Rights Provisions In Subordination Agreements Enforceable? Image

Are Voting Rights Provisions In Subordination Agreements Enforceable?

James H. Millar

Subordination agreements often contain an agreement by the subordinated creditor that, if the issuer is a debtor in a bankruptcy case, the senior creditor can vote the claim of the junior creditor on any proposed Chapter 11 plan. If given effect, such a voting provision can give a senior creditor significant power, relative to both the subordinated creditor and other creditors, to support or oppose confirmation of a plan.

Features

The Story Behind AFM & SAG-AFTRA Royalty Fund Distribution Litigation Image

The Story Behind AFM & SAG-AFTRA Royalty Fund Distribution Litigation

Adolfo Pesquera

The case of a session musician's unpaid royalties revealed a gross lack of initiative on the part of the trustees and directors of AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund and that the fund administrators had made little if any effort for years to distribute funds to thousands of session musicians and backup singers.

Features

Transitional Housing Arrangements Are Not Illusory Tenancies Image

Transitional Housing Arrangements Are Not Illusory Tenancies

Nativ Winiarsky

The Appellate Division Second Department recently issued a landmark ruling in Sapp et al v. Clark Wilson et al concerning two hot button issues; namely illusory subtenancies and status of transitional occupants.

Features

Update on Changes In New York's Ticket Sales Law Image

Update on Changes In New York's Ticket Sales Law

Anthony J. Dreyer, Ryan P. Bisaillon & Michael C. Salik

NY's update to its regulatory scheme for event ticketing principally affects the rules governing disclosure requirements for primary ticket sale prices and restricts the means of secondary ticket resale, including by expanding penalties for the use of scalper software "bots" and unauthorized ticket purchasing software.

Columns & Departments

Development Image

Development

NYRE Staff

Local Law Prohibiting Drive-Through Windows Requires Full Environmental Assessment Form Area Variance Denial Upheld Redevelopment Project Did Not Transfer Inalienable Parkland Town Board Took Requisite Hard Look At Environmental Impact of Mixed-Use Development Court Rejects Claim of Conspiracy to Violate Vested Rights

Features

Protecting a Trademark Licensor's Rights In Its Licensee's Bankruptcy Case Image

Protecting a Trademark Licensor's Rights In Its Licensee's Bankruptcy Case

Alfred S. Lurey

A recent bankruptcy case from the District of Delaware underscores the need for a trademark licensor to be alert to filings made in its licensee's bankruptcy case that may require prompt action by the licensor to protect its valuable rights under a license agreement.

Features

Can a Tenant Enforce a Right of Refusal In Third-Party Sale? Image

Can a Tenant Enforce a Right of Refusal In Third-Party Sale?

Alan Nochumson & Alex Goldberg

In Tri-Outdoor v. Keyser, the Pennsylvania Superior Court recently addressed whether a tenant could specifically enforce a right of first refusal provision contained in a lease agreement where the landlord sold the leased premises to a third-party purchaser.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Buyer's Anticipatory Repudiation Results In Forfeiture of Down Payment Constructive Trust Claim Supports Notice of Pendency

Features

SCOTUS to Hear Cases on Limits of Mail and Wire Fraud Statutes Image

SCOTUS to Hear Cases on Limits of Mail and Wire Fraud Statutes

Robert J. Anello & Richard F. Albert

Federal courts long have struggled to define the limits of the mail and wire fraud statutes, laws famously characterized as the prosecutor's true love for their vast breadth and catch-all adaptability. After sidestepping opportunities in the past, the U.S. Supreme Court is now wading into two different and controversial manifestations of that flexibility.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

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

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