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Litigation

  • 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?"

    August 01, 2022Robert W. Clarida and Thomas Kjellberg
  • 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?

    August 01, 2022Stewart E. Sterk
  • 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.

    August 01, 2022Isha Marathe
  • 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.

    August 01, 2022Alaina Lancaster
  • 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.

    August 01, 2022Paul A. Rubin and Hanh V. Huynh
  • Adjustment for Condemnation Blight Overturned Current Use Constitutes Highest and Best Use

    August 01, 2022ssalkin
  • 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

    August 01, 2022NYRE Staff
  • 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?

    August 01, 2022Benjamin Rosenberg