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Features

Litigation Over Skater Girl Film Transferred to CA Image

Litigation Over Skater Girl Film Transferred to CA

Cedra Mayfield

When Atlanta filmmaker-turned-plaintiff Raymond Pirtle Jr. filed a copyright infringement suit against CA-based Netflix in the U.S. District Court for the Northern District of Georgia, he pitted him against seasoned attorneys, representing a corporate giant in a case that has both sides claiming early incremental victories.

Features

Appellate Court Holds FCC Penalty Claim Survives Chapter 11 Corporate Debtor's Discharge Image

Appellate Court Holds FCC Penalty Claim Survives Chapter 11 Corporate Debtor's Discharge

Michael L. Cook

A Chapter 11 corporate debtor's monetary penalty obligation owed to the FCC, resulting from "fraud on consumers," survived the debtor's reorganization plan discharge, even when the FCC "was not a victim of the fraud," the U.S. District Court for the Southern District of New York recently held.

Columns & Departments

Fresh Filings

ssalkin

Notable court filings in entertainment law.

Features

Payment Under Critical Vendor Order Does Not Bar Pursuing a Preference Claim Image

Payment Under Critical Vendor Order Does Not Bar Pursuing a Preference Claim

Andrew C. Kassner & Joseph N. Argentina Jr.

A supplier's receipt of payment under a critical vendor order does not bar the debtor or trustee from pursuing a preference claim to recover amounts paid prepetition to the vendor, according to a recent ruling from the U.S. Bankruptcy Court for the District of Delaware.

Columns & Departments

Real Property Law

NYRE Staff

Absent Express Language, Restrictive Covenant Does Not Run With the Land Mortgagee Not Entitled to Expungement of Satisfaction Junior Mortgagee Entitled to Rely on Erroneously Recorded Satisfaction of Senior Mortgage Easement Holders Entitled tTo Pave Easement to Improve Access Federal Government Not Liable for Erosion Damages Caused By Alleged Failure to Maintain Jetties Representations and Warranties Survive Closing

Columns & Departments

Landlord & Tenant Law

NYRE Staff

Disability Discrimination Claim Dismissed As Moot

Features

Real Estate Acquisition Volume on Fast Track, But Leases Slower to Rebound Image

Real Estate Acquisition Volume on Fast Track, But Leases Slower to Rebound

Jeffrey M. Gussoff & Adriana M. Peters

Flexibility, creativity, and other tips for commercial leasing as 2021 comes to a close.

Columns & Departments

Bit Parts

Stan Soocher

Manager's Law License Considered in California Personal Jurisdiction Ruling in Dispute Involving Rapper Lil Wayne

Features

Bankruptcy Court Provides Clarity on Unwritten Elements of Avoidance Actions under the Bankruptcy Code Image

Bankruptcy Court Provides Clarity on Unwritten Elements of Avoidance Actions under the Bankruptcy Code

Rudolph J. Di Massa Jr. & Drew S. McGehrin

The U.S. Bankruptcy Court for the District of New Mexico recently ruled that any attempt to avoid preferential or fraudulent transfers must be supported by evidence that the avoidance will benefit the debtor's estate and the debtor's creditors — not just the debtor itself.

Columns & Departments

Development

NYRE Staff

Board of Appeals Made Inadequate Efforts to Accommodate Religious Use

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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