Features

Increased Bankruptcy M&A Activity Should Provide Attractive Opportunities for Lenders
It seems clear that bankruptcy filings inevitably will increase in the near future, because of rising interest rates, pandemic-related micro-economic forces, global strife, and other macro-economic factors and their continuing strain on the global economy and individual businesses. Consequently, strategic buyers and private equity sponsors should find expanding opportunities to purchase distressed businesses out of bankruptcy.
Features

Long Term Demand Should Shield Commercial Real Estate from Inflation Impact
The U.S. economy is "still strong" and will support commercial real estate space demand, though inflation will remain a multi-year headwind, forcing the Fed to tighten monetary policy. And though rising interest rates may restrain CRE transaction activity, it won't be on a broad basis, with effects most visible in the property types and markets with the most aggressive pricing run-up over the last few years.
Features

Commercial Assets Feel Pinch of Climbing Interest Rates and Inflation
Inflation revs up the acceleration engine and, as a response, the Fed makes the biggest single hike in interest rates in four decades, with the promise of more to come. The changes in monetary policy are causing rising issues for capital markets and financing for commercial real estate.
Columns & Departments
Landlord & Tenant Law
Habitability and Harassment Claims Survive Motion to Dismiss COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment Renovations Qualified Apartment for High-Rent Vacancy Decontrol COVID-19 Does Not Excuse Failure to Pay Rent
Columns & Departments
Co-ops and Condominiums
Unit Owner Not In Possession Cannot Prevail on Wrongful Ejectment Claim
Features

Second Circuit Interprets 'Executed By the Author' In Copyright Act's §203 Grant Termination Provision
Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?
Features

Components of Legal Work On NFTs
With a significant amount of NFT activity arising from the entertainment and sports industries comes an inevitable need for legal services. But taking advantage of this economic growth is no simple matter for entertainment, media and sports lawyers. It requires an understanding not just of NFT transactions, but also of data security, intellectual property, public policy, and a whole raft of regulatory and compliance issues.
Features

A Primer on Landlord Exculpatory Provisions In Leases
Keystone Specialty Services Co. v. Ebaugh Practitioners should take note that depending on the jurisdiction, a well-drafted exculpatory clause may afford additional protections to a commercial landlord, even from its own negligent acts.
Features

Trademark Oppositions and Coexistence Agreements
There are frequent battles over trademark rights in the entertainment industry. Trademark publication can be an anxious part of the federal application process, with fear of aggressive opposition and costly proceedings looming in the background. But many trademark oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with an opposer that can ultimately be helpful in nonobvious ways.
Features

'Executed By the Author' In Copyright Act's §203 Grant Termination Provision Interpreted By Second Circuit
Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?
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