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2d Cir. Rules for Baron Cohen In Dismissal of Judge Moore's Defamation Case Image

2d Cir. Rules for Baron Cohen In Dismissal of Judge Moore's Defamation Case

Jane Wester

Following up on an article in the July issue of Entertainment Law & Finance that detailed some of the arguments made before the U.S. Court of Appeals for the Second Circuit in Roy Moore's defamation suit against Sacha Baron Cohen, the court has issued its ruling.

Columns & Departments

Development

NYRE Staff

Denial of Area Variance Upheld Enactment of Historic Preservation Law Did Not Require Hearings

Features

Use and Enforcement of SNDAs In the Hotel Industry Image

Use and Enforcement of SNDAs In the Hotel Industry

Todd E. Soloway & Bryan T. Mohler

This article examines the agreement — known as a Subordination, Non-Disturbance and Attornment Agreement (SNDA) — typically used by hotel lenders, owners and managers to set forth their respective rights upon a foreclosure, and consider disputes that may arise when a party seeks to enforce its SNDA rights.

Columns & Departments

Fresh Filings

ELF Staff

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

Features

One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art? Image

One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art?

Robert W. Clarida & Thomas Kjellberg

On July 7, 2022, the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, which began by posing the following question: "Can a banana taped to a wall be art?"

Features

Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages, Ninth Circuit Rules Image

Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages, Ninth Circuit Rules

Stan Soocher

How far back from accrual of a claim may a plaintiff reach for copyright damages?

Columns & Departments

Co-ops and Condominiums

NYRE Staff

Shareholder Not Entitled to Withhold Maintenance Payments for Habitability Breach

Features

Second Circuit Insulates Innocent Friend from Corporate Debtor's Fraudulent Transfer Liability Image

Second Circuit Insulates Innocent Friend from Corporate Debtor's Fraudulent Transfer Liability

Michael L. Cook

The defendant "was a 'mere conduit' of [a] fraudulent transfer and cannot be liable to the bankruptcy estate for funds she never knew about," held the U.S. Court of Appeals for the Second Circuit in In re BICOM N.Y., LLC.

Columns & Departments

IP News

Howard Shire & Stephanie Remy

Copyright Standing and Fifth Circuit Trade Dress Factors

Columns & Departments

Landlord & Tenant Law

NYRE STaff

Class Certification Appropriate for Claim of Improper Deregulation

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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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