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Litigation

  • "Artistic Relevance" Test Applied to NFTs Vape Musical Found to Be Copyright Fair-Use Parody of Grease

    June 01, 2022Stan Soocher
  • COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment COVID-19 Does Not Excuse Failure to Pay Rent

    June 01, 2022Stewart E. Sterk
  • 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 Soocher
  • During 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 Brown
  • Landlords 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 Turkel
  • Notable court filings in entertainment law.

    May 01, 2022ELF Staff
  • Purchaser 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 Staff