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Litigation

  • Owner Entitled to Cancellation of Notice of Pendency Upon Posting of Bond Mortgage Enjoys Priority Over Homeowners Association Lien for Common Charges Bona Fide Purchasers Protected When They Had No Notice of Alleged Fraud Failure to Inspect Premises Precludes Purchasers' Claim for Fraud Broker Conflicts of Interest Did Not Constitute Breach of Contract or Breach of Fiduciary Duty

    March 01, 2021NYRE Staff
  • Sponsor Liable for Fraudulent Conveyance to Related Entities President of Unincorporated Condominium Association Not Entitled to Indemnification Legal Malpractice Claim Dismissed Use of Commercial Unit Did Not Violate Zoning Regulations or Condominium Bylaws

    March 01, 2021NYRE Staff
  • Village Lacked Power to Obligate Village Board to Enact Zoning Amendments Landowner Entitled to Certificate Confirming Pre-Existing Nonconforming Use Neighbor's Challenge to Approval of A Building Permit Dismissed As Untimely

    March 01, 2021NYRE Staff
  • Despite the recession — or partly as a result of it — 2020 was also a year of growth for patent litigation in the United States. This article provides a look back at patent litigation filing statistics in recent years across district courts in the United States, with an eye toward current trends that in all likelihood will continue deep into 2021.

    March 01, 2021Rob Maier
  • In response to a copyright claim in the U.S. District Court for the Central District of California that the Netflix series Stranger Things infringed on Irish Rover Entertainment's unpublished screenplays, Netflix and the other defendants filed a Rule 12(b)(6) motion to dismiss, arguing that the works were not substantially similar as a matter of law.

    March 01, 2021Alan R. Friedman
  • The audit clause is a necessary means for the licensor to protect its interests and to guard against unscrupulous licensees. But it is a mistake to think that the clause is there solely to prevent malfeasance.

    March 01, 2021David Schnider
  • Online publication impacts the duration of copyright protection among other purposes, including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.

    March 01, 2021Jonathan Bick
  • The CASE Act fulfills the longstanding goal of the U.S. Copyright Office to establish a small claims court. The measure tasked the office with establishing the Copyright Claims Board and adopting governing regulations.

    March 01, 2021Scott Graham