Litigation

Features

Section 22-1005 of the New York City Administrative Code provides relief for individuals who guaranteed commercial leases when the tenant defaulted as a result of government orders issued during the early days of the COVID-19 pandemic. In recent months, however, litigation has emerged about the scope of that relief.

Columns & Departments

Questions of Fact Remain About Whether Landlord Had Released Corporate Tenant from Liability Yellowstone Injunction Does Not Require Proof of Likelihood of Success Guaranty Expired With Tenant's Initial Lease Term Illegal Use Does Not Preclude Rent Stabilization Status Guarantor Immunity Does Not Apply to Pre-COVID Breaches Class Certification Appropriate for Claim of Improper Deregulation

Columns & Departments

Statements By Condo Board Members Cloaked In Common Interest Privilege Shareholder Entitled to Maintenance Abatement for Breach of Warranty of Habitability

Columns & Departments

Deference to Trial Court's Determination on Mortgage Priority No Broker Commission for Sale After Expiration of Tail Period Co-Owner Who Did Not Execute Mortgage Not Subject to Equitable Lien By Mortgagee Insufficient Evidence of Delay to Support Laches Defense Against Claim to Set Aside Deed As a Forgery Statements Did Not Defeat Hostility In Adverse Possession Claim

Features

In June 2021, the Supreme Court ruled in U.S. v. Arthrex that the statutory scheme appointing Patent Trial and Appeal Board administrative patent judges to adjudicate IPRs violates the appointments clause of the U.S. Constitution. Specifically, the Court concluded that because APJ decisions in IPR proceedings are not reviewable by a presidentially appointed and Senate-confirmed officer, such determinations are not compatible with the powers of inferior officers. The PTO later decided that it would not accept requests for director review of institution decisions. This policy is now also being questioned in Arthrex's wake.

Features

Among the most common questions trademark attorneys are asked is what the differences are between the symbols ®, TM, and SM. When should such symbols should be used? Where should they appear? How frequently? Do they even need to be used at all?

Features

In recent years, the Peach State has become one of the most popular spots for film companies. However, the state General Assembly's action with regarding one bill and inaction with regard to another have threatened to harm the entertainment industry.

Features

A federal judge has sided with the Association of American Publishers (AAP), finding in June that a recently enacted Maryland library e-book law conflicts with federal copyright laws.