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Columns & Departments
Public Purpose Finding Upheld
Features
The Eighth Circuit expanded its jurisprudence on copyright law twice in recent months. Addressing questions ranging from copyrightability to fair use, and arising from separate disputes involving a car dealership's customer intake form and a popular meme, these two opinions round out a body of just seven decisions on copyright law released by this appellate court in the past five years.
Features
With a growing leniency in denying motions to dismiss for asserted violations of the Controlled Substances Act and the anticipated rescheduling of cannabis, it appears that bankruptcy relief may become a viable option even for plant-touching and cannabis-related businesses.
Columns & Departments
Obligation to Construct Interior of Condominium Did Not Touch and Concern the Land, and Therefore Did Not Bind Successor Managing Agent Did Not Owe Fiduciary Duty to Unit Owner; Condo Board Protected By Business Judgment Rule No Preliminary Injunction In Acton to Abate a Noise Nuisance
Columns & Departments
Notable recent court filings in entertainment law.
Features
The Pennsylvania Commonwealth Court affirmed a decision by the city of Philadelphia's Zoning Board of Adjustment (ZBA) that a real estate developer's evidence established an unnecessary hardship because it proved that the property, a vacant lot that needed costly environmental remediation, was practically valueless without the granting of a variance under the Philadelphia Zoning Code.
Columns & Departments
Liquidated Damages Clause Might Constitute Unenforceable Penalty
Features
Amazon and Starbucks were granted a motion to dismiss most claims against them in a proposed class action alleging that the companies illegally tracked consumers' biometric information.
Features
The effectiveness of the Good Cause Eviction Law will largely depend on its implementation and the local adaptations that municipalities outside New York City decide to enact. Both landlords and tenants should stay informed about the specifics of how this law is applied in their respective locales and how it will be interpreted and handled in the judicial system.
Features
Until now, a successful reorganization assumed the debtor could confirm a plan with nondebtor releases and injunctions based on less than full creditor consensus. Now that nonconsensual releases in Chapter 11 plans are no longer permitted, will debtors have a more difficult time obtaining a 105(a) injunction?