Features

Common Issues In Commercial Property Bankruptcies
As the commercial real estate market undergoes seismic shifts, companies may find themselves in situations where their tenant or their landlord has filed for bankruptcy protection. Questions then quickly arise, such as if and how a landlord may evict a bankrupt tenant, whether a bankrupt tenant may remain as a lessee and continue to occupy the premises, and how to measure damages for a landlord in this situation, both before bankruptcy and going forward post-petition.
Features

Poorly Drafted Nondisclosure Agreements Can Have Lasting, and Expensive, Results
In today's increasingly complex, competitive and litigious business environment where nondisclosure agreements have crept in scope to also be noncompete agreements or anti-poaching agreements in addition to confidentiality agreements, the need for legal professionals with generalized knowledge who have managed business enterprises on a whole has become a mainstay of the corporate world.
Features

Legal Tech: Effective Preservation Measures In Litigation Readiness
Basic ESI preservation steps, including litigation holds, relevant source checklists, and follow up steps with custodians may not be enough in some instances. Given the frequency of data loss from custodial and non-custodial sources, companies should also consider incorporating remediation strategies into their approach to preservation to better ensure defensibility.
Features

Damage Mitigation Under the HSTPA
When the NY state legislature enacted the Housing Stability and Tenant Protection Act of 2019 (HSTPA), much of the statute's focus was on increased protection for rent regulated tenants. But the statute also includes a number of significant provisions that apply to market rate tenants.
Columns & Departments
Real Property Law
Questions of Fact About Whether Deed Conveyed to Centerline of Abutting Road Deed Created Easement, Not Fee Questions of Fact About Meaning of Restrictive Covenant Adverse Possession By 99-Year Lessee Equitable Lien Claim Fails Agreement Released Trespass and Nuisance Claims Against Neighbor Easement Not Abandoned
Columns & Departments
Co-ops and Condominiums
No Quorum At Shareholders' Meeting Nuisance and Fraudulent Conveyance Claims Restored
Columns & Departments
Development
Landowner Lacked Standing to Challenge Zoning Amendment Sierra Club Lacks Standing to Challenge Zoning Amendment
Columns & Departments
Landlord & Tenant Law
DHCR Had Rational Basis for MCI Determination Guarantor's Letter Did Not Revoke Guaranty
Features

Issues Addressed In Supreme Court 'Unicolors' Argument
Some of the major issues the court addressed in the Unicolors oral argument, and some questions that are likely to remain open no matter the outcome.
Features

Clarity on Patent Eligibility Law Could Be Coming In 2022
The murkiness around patent eligibility is one reason innovators have been turning more toward trade secret law to protect their inventions.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Legal Possession: What Does It Mean?Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Cutting Off the Stream: How United States v. Silver Affects "Stream of Benefits" or "Retainer" BriberyAlthough the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver's counts of conviction, it was clarifying and not altering the "as opportunities arise" theory, it nevertheless emphasized that this theory requires particularity with respect to the "question or matter" that is the subject of the bribe payor and recipient's corrupt agreement.Read More ›