Features
Small Business Tenants: Know Thy Lease
Many landlords are loyal to their tenants and only increase rates at the end of the current lease. Others take a more aggressive approach. They actively find creative ways using lease restrictions to evict tenants. While this isn't necessarily fair, it is legal.
Columns & Departments
IP News
Federal Circuit: Trade Dress Imitation In the Ninth Circuit
Features
Are Voting Rights Provisions In Subordination Agreements Enforceable?
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
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
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
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
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
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?
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
Buyer's Anticipatory Repudiation Results In Forfeiture of Down Payment Constructive Trust Claim Supports Notice of Pendency
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