Federal Circuit: Agreement Between Patent Owner and Third Party Was Not Insulated from The On-Sale Bar
May 31, 2022Howard Shire and Stephanie Remy
The 1971 agreement between Universal City Studios and creators of the TV series Columbo permitted Universal to be a distributor of Columbo "photoplays." But the contract parties failed to include "just one more thing" when negotiating their 17-page memo deal and two-page rider: a definition of the key term "photoplays."
May 01, 2022Stan SoocherDuring the 2017 to 2019 baseball seasons, allegations were made that individual baseball clubs were engaged in electronic "sign stealing." Shortly after this activity was acknowledged by Major League Baseball's Commissioner, a class action suit was filed, alleging that MLB made actionable misrepresentations that had an impact on the fantasy baseball games.
May 01, 2022Peter BrownLandlords initially renting up new RPTL 421-a buildings routinely give incoming rent-stabilized tenants rent concessions to account for the fact that construction may be ongoing, and that there may still be punch list items in the apartments. This seemingly innocuous practice, however, has led to class-action litigation wherein tenants allege that rent concessions are part of a fraudulent scheme that results in massive building-wide overcharges under the Rent Stabilization Law.
May 01, 2022Jeffrey TurkelPurchaser of Mixed-Use Building, Not Master Lessee of Residential Units, Liable for Rent Overcharges Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement Statute of Limitations Does Not Bar Strict Foreclosure Action
May 01, 2022NYRE StaffThe Fifth Circuit signaled that it would not approve in later cases a bankruptcy court asset sale of real property that summarily cuts off the rights of the debtor's lessees.
May 01, 2022Michael L. CookSeventh Circuit Denies COVID-Shutdown Insurance Coverage to Movie Exhibitor
May 01, 2022Stan SoocherIn an action to recover a brokerage commission, the Appellate Division affirmed a broker's appeal of denial of its summary judgment motion, holding that questions of fact remained about seller's liability for a commission after expiration of the brokerage agreement.
May 01, 2022Stewart E. Sterk
