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Litigation

  • The New York Court of Appeals' recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as "open space."

    February 01, 2021By Philip E. Karmel, James P. Colgate and Judith M. Gallent
  • Neighbors Lack Sufficient Interest to Intervene In Modification of Restriction on Land Held for Charitable Purposes Absence of Property Description Did Not Preclude Equitable Mortgage City Entitled to Cancel Contract With Delinquent Former Owner When Owner Failed to Appear At Closing Statute of Limitations Does Not Bar Continuing Nuisance Claim Against Drilling Contractor

    February 01, 2021Stewart Sterk
  • Guaranty Did Not Extend Past Lease Term Holdover Rent Award Reduced Tenant Is Entitled to Yellowstone Injunction Despite Failure to Attempt to Cure

    February 01, 2021Stewart Sterk
  • Shareholder's Failure to Seek Relief During Cure Period Bars Preliminary Injunction Non-Purchasing Senior Citizens Not Protected Against Eviction Upon Conversion Occupant of Rent Stabilized Co-Op Unit Entitled to Succession Rights

    February 01, 2021Stewart Sterk
  • The legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.

    February 01, 2021Brandon Leahy Susanna Lichter and Eva Yin
  • PTAB to Follow Nautilus Standard of Definiteness

    February 01, 2021Howard Shire and Shaleen J. Patel
  • Part Two of a two-part article While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing "quarantine streams," in which they livestream their sets on social media platforms. Unsurprisingly many questions have arisen.

    February 01, 2021Gwendolyn Seale
  • In Dr. Seuss Enterprises L.P. v. ComicMix LLC, a unanimous three-judge panel of the Ninth Circuit held in December that ComicMix's illustrated book combining elements of several Dr. Seuss children's books with characters, themes and other features of the popular sci-fi series Star Trek was not a fair use of the Seuss material from which it had admittedly been "slavishly" copied.

    February 01, 2021Robert J. Bernstein and Robert W. Clarida