Features
LJN Quarterly Update: 2024 Q3
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
Features
Be Careful What You Stip For: 'Liggett v. Lewitt Realty LLC'
The ruling from New York's highest state court, although straightforward on its face, has important implications for both long-existing settlement agreements and when considering drafting future agreements settling disputes in the context of the Rent Stabilization Law.
Features
U.S. Supreme Court Ruling Empowers Developers and Property Owners to Challenge Excessive or Unjustified Impact Fees
The recent U.S. Supreme Court ruling in Sheetz v. County of El Dorado will cause many local governments to revisit the defensibility of their impact fee regimes.
Features
Novel Admissibility Considerations for AI
Software is generally admissible as evidence if it is relevant, material, and competent. However, AI differs from traditional software, perhaps requiring novel admissibility considerations.
Features
Avoiding Double-Dipping: U.S. Trustee Fees and Creditor Trusts
The U.S. Trustee has recently taken the position that GUC Trusts (disbursements made by creditor trusts formed under bankruptcy plans) should be required to pay fees on account of their own disbursements to creditors. The outcomes in three recent bankruptcy cases highlight different approaches to addressing the U.S. Trustee's argument: closing bankruptcy cases early, deferring the issue to a later date, or focusing on the distinction between contingent and non-contingent assets.
Columns & Departments
Development
City Took Hard Look At Environmental Factors Without Requiring Environmental Impact Statement On Impact of Climate Change Area Variance Grant Upheld for Construction of Fence Landowner Did Not Establish Pre-Existing Nonconforming Use
Features
Federal Circuit Decision Clarifies Obviousness-Type Double Patenting and Patent Term Adjustments In Allergan v. MSN Laboratories
On August 13, the Federal Circuit issued a precedential ruling that reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect to invalidate a claim in an earlier-filed parent application over admittedly patentably indistinct claims in later-filed (and earlier-expired) child patents. This decision has resolved some substantial questions about the application of obviousness-type double patenting that had been raised by last year's In re Cellect decision.
Features
Hold On, I'm Suing: Artists' Protests over the Trump Campaign's Use of Their Music and What Some Courts Have Ruled in Similar Instances
When artists take action over political-campaign settings, it's usually in the form of a cease-and-desist letter sent to a candidate's representatives. In some instances, artists file lawsuits, but to date there's been just a smattering of notable court decisions. This article provides a refresher on these rulings as well as a look at the recent lawsuit by the estate of Isaac Hayes over the Trump campaign's use of the classic soul song "Hold On, I'm Coming."
Features
Mediation of Commercial Lease Disputes: A Collaborative Approach to Resolving Disputes
In the view of many experienced practitioners, arbitration has morphed into a time-consuming process, often as expensive as litigation and has other shortcomings such as the non-appealability of the arbitrator's decision. Not so mediation which may be a materially better form of ADR.
Features
Precautions Defense Counsel Should Consider In Making Attorney Proffers
For good reason, ordinarily courts are reluctant to admit statements of counsel as evidence in a criminal trial. Rulings in two recent high-profile local cases defy the common wisdom.
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