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Features

Chapter 15 Can Impact Foreign Bankruptcy As Well As Domestic Civil Litigation Image

Chapter 15 Can Impact Foreign Bankruptcy As Well As Domestic Civil Litigation

Francis J. Lawall & Patrick M. Ryan

At first glance, Chapter 15 might appear to have the relatively minor role of staying actions against U.S. assets while the main foreign proceeding moves forward. However, as one recent case out of the Southern District of New York demonstrates, Chapter 15 carries the potential to significantly impact not only the main foreign bankruptcy, but civil litigation in the United States as well.

Features

Enforcement of Obligations Imposed In SEQRA Findings Statements Image

Enforcement of Obligations Imposed In SEQRA Findings Statements

Stewart E. Sterk

When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?

Features

Challenges In Being a Pro Sports General Counsel Image

Challenges In Being a Pro Sports General Counsel

Phillip Bantz

Being a general counsel for a professional sports team is a coveted gig, but it's also a job with unique challenges, potential ethical minefields and scandals lurking around the front office, field, stadium and elsewhere.

Columns & Departments

Real Property Law

NYRE Staff

Encroachment By Party Wall Will Not Support a Notice of Pendency Questions of Fact Remain In Party Wall Dispute Easement Was Only for Access Seller's Failure to Provide Estoppel Certificates Excuses Purchaser from Performing Equitable Title Claim Upheld

Features

Enforcement of Obligations Imposed In SEQRA Findings Statements Image

Enforcement of Obligations Imposed In SEQRA Findings Statements

Stewart E. Sterk

When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?

Features

Using Section 365(n) to Minimize Loss of Use of IP In Licensor Bankruptcy Image

Using Section 365(n) to Minimize Loss of Use of IP In Licensor Bankruptcy

By Richard Assmus, Matthew Wargin, Monique Mulcare & Danielle Corn

This article provides an overview of Section 365 of the Bankruptcy Code, a key provision within the Code that allows a debtor to assume, assume and assign, or reject certain executory contracts and unexpired leases.

Columns & Departments

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Columns & Departments

Landlord & Tenant Law

NYRE Staff

Nonpayment Proceeding Not Available for Use and Occupancy Questions of Fact About Whether Landlord Accepted Surrender Improper Withholding of Consent Does Not Excuse Guarantor Loft Board's Rejection of Abandonment Petition Upheld

Features

Ninth Circuit Finally Resolves Pre-1972 Sound Recordings Royalties Issue Image

Ninth Circuit Finally Resolves Pre-1972 Sound Recordings Royalties Issue

Robert W. Clarida & Robert J. Bernstein

The Ninth Circuit ruling in Flo & Eddie may turn out to be last stop on the long and winding road the owners of pre-1972 recordings have traveled in their efforts to obtain compensation for public performances through platforms like Sirius.

Features

NFTs and Virtual Patent Marking Image

NFTs and Virtual Patent Marking

Willem Klein

Patent marking is an important step in the patent lifecycle as it is generally required to seek damages from infringers prior to the date the suit is filed. While virtual marking has somewhat reduced the overhead of marking, it suffers from the same problems all Internet-based evidence runs into in court: websites are ephemeral and have intermittent accessibility, as well as poor public logging of when information existed where, and for how long. NFTs on a digital blockchain could potentially overcome these hurdles, while still providing the benefits of virtual marking via websites.

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