Likening his client's claim to that of an athlete with a monetizable image, an attorney representing TV reporter Karen Hepp, who is suing social media websites over misuse of her likeness, recently argued to the U.S. Court of Appeals for the Third Circuit that the case should fit a narrow exception to a federal law that bars suits against online content providers.
- July 01, 2021P.J. D'Annunzio
What provisions in a subordination agreement can be enforced, and can the subordinated creditor participate in the reorganization process if there is no prospect it will receive any distribution as a result of being subordinated?
July 01, 2021Andrew C. Kassner and Joseph N. Argentina Jr.The Justice Department has confirmed it is looking to develop new policies surrounding how standard-essential patents might be used as tools for anticompetitive practices. The change in policy will mean big business for law firms that can combine highly technical IP advice with their antitrust and litigation practices.
July 01, 2021Bruce LoveIn an era of increasing participation and regulation by various governmental agencies in businesses eligible for bankruptcy relief, the Third Circuit's decision in Venoco is an important development for assessing the extent to which a distressed business can address action by a governmental unit through a bankruptcy case.
July 01, 2021Corinne BallMixed Ruling in Police Officer's Lawsuit Over Depiction in Netflix Documentary New York Court Rules Music Plaintiffs Failed To Establish Vimeo's "Red Flag" Knowledge Third Circuit Rejects Agency Law Principles in Deciding Work-for-Hire Issue in Termination Rights Dispute Over Game of Life Board Game
July 01, 2021Stan SoocherFederal Circuit Rejects Theory of Infringement Based on Oversimplified Claim Interpretation and Finds That the ITC Correctly Required Proof of Substantial Non-infringing Use Based on Real-World Evidence Federal Circuit Reverses District Court's Decision Dismissing a Declaratory Judgment Action for Lack of Personal Jurisdiction Because the Patent Owner Directed Extensive Communications to the Judicial District
July 01, 2021Jeff Ginsberg and Zhiqiang LiuFor a jurisdiction with little to no discovery process, the EU and its stringent privacy requirements may have already emerged as the next frontier for e-discovery providers looking to expand their business outside of the United States. However, the region's relative inexperience with e-discovery could still emerge as a hindrance for vendors eyeing an EU-based expansion.
June 01, 2021Frank ReadyRecently the United States District Court for the Southern District of New York grappled with issues relating to local zoning restrictions on houses of worship.
June 01, 2021Steven M. SilverbergSummons for Violation of Zoning Ordinance Not Duplicative of Prior Dismissed Summons Special Exception Denial Upheld
June 01, 2021NYRE StaffTenant's Cure of Default Reinstates Lease Renewal Option Rent-Stabilized Status Survives Tax Foreclosure Sale Tenant Entitled to Yellowstone Injunction Without Taking Steps to Cure Default Landlord Entitled to Use and Occupancy, Not Rent, After Lease Termination
June 01, 2021NYRE Staff







