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Features

'Banana' Artwork Dispute Presents Slippery Slope for Copyright Image

'Banana' Artwork Dispute Presents Slippery Slope for Copyright

Robert W. Clarida & Thomas Kjellberg

In July, the U.S. District Court for the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, a decision that began by posing the question: "Can a banana taped to a wall be art?"

Features

Removing Restrictive Covenants Image

Removing Restrictive Covenants

Stewart E. Sterk

In Rockwell v. Despart, the Third Department recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Features

China Court's Ruling On NFTs and Copyrights Image

China Court's Ruling On NFTs and Copyrights

Isha Marathe

China, which has had an up-and-down relationship with the U.S. entertainment industry, became the latest country to offer a key regulatory framework in its first-ever case dealing with NFTs and the copyright violations they are sometimes saddled with.

Features

Ricky Martin Sued By Former Manager Image

Ricky Martin Sued By Former Manager

Alaina Lancaster

Ricky Martin's former manager claims the singer owes her more than $3 million in unpaid commissions, according to a lawsuit filed in Los Angeles Superior Court.

Features

Commercial Lease Assumption Under Chapter 11 Bankruptcy Image

Commercial Lease Assumption Under Chapter 11 Bankruptcy

Paul A. Rubin & Hanh V. Huynh

Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.

Columns & Departments

Eminent Domain Law

ssalkin

Adjustment for Condemnation Blight Overturned Current Use Constitutes Highest and Best Use

Columns & Departments

Real Property Law

NYRE Staff

Partner Had Authority to Sell Tenancy In Common Property Title Report Put Subsequent Lender on Inquiry Notice of Prior Mortgage Administrator Did Not Breach Covenant Against Grantor's Acts Co-Tenant Establishes Title By Adverse Possession

Features

Supreme Court Finds 2017 Bankruptcy Fee Increases Unconstitutional But Leaves Remedy Unclear Image

Supreme Court Finds 2017 Bankruptcy Fee Increases Unconstitutional But Leaves Remedy Unclear

Theresa A. Driscoll

The Supreme Court concluded that because the 2017 amendments exempted debtors located in two States, it was not "uniform" as it did not apply equally to all debtors regardless of where they were situated and, therefore, the statute was unconstitutional.

Features

Waiver of Corporate Privilege By An Individual Defendant Image

Waiver of Corporate Privilege By An Individual Defendant

Benjamin Rosenberg

Individual employees often act pursuant to advice from their in-house counsel. If named as a defendant in which her action is challenged, the employee may want to assert advice of corporate counsel as a defense. But the privilege belongs to the employer, not the employee, and the employer may refuse to waive the privilege. Can the court abrogate the employer's privilege over the objection of the employer, and if so under what circumstances?

Features

Removing Restrictive Covenants In New York Image

Removing Restrictive Covenants In New York

Stewart E. Sterk

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

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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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    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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