Litigation

  • Real Property Law

    Claim That Bank Lacked Standing to Foreclose Waived By Failing to Raise Standing In Answers or Pre-Answer Motions Seller Denied Summary Judgment on Purchaser's Fraudulent Inducement Claim Fraudulent Transfer Claim Reinstated Questions of Fact Preclude Summary Judgment on Counterclaim for Improper Diversion of Water Supreme Court Improperly Denied Specific Performance to Purchasers Delay In Vacating a Default Justifies Application of Laches Doctrine to Prior Mortgagee Mortgagor Who Failed to Appear Not Entitled to Vacate Foreclosure Sale Judgment Lien Enforced Despite Error In Docketed Amount

    April 01, 2021ssalkin

  • Developments In Student Athletes' Publicity Rights

    The rights of college student-athletes to receive compensation for the use of their "name, image and likeness" (NIL) are finally being addressed. As…

    April 01, 2021Benjamin Tulis and Gregg E. Clifton

  • Landlords Could See Courts Sympathetic to Tenants In Eviction Lawsuits

    While residential cases will grab the headlines, commercial property owners, managers and their attorneys should know that financially troubled tenants will be making news of their own. Armed with the hope of keeping their business afloat, they will unveil, or expand on, defenses to mitigate the pandemic's financial impact and to save their leases.

    April 01, 2021James D. Silver

  • Synergizing Patents to Drive Innovation and Growth

    As intellectual property continues to influence business operations, more companies are considering defensive patent pools as a strategic measure to guard against threats that can stifle innovation and growth for both businesses and industries.

    April 01, 2021Siraj Husain

  • Landlord & Tenant Law

    Tenant Entitled to Terminate Lease When Premises Were Not Broom Clean Provision Ending Discounted Rate If Tenant Pays Late Is Unenforceable

    April 01, 2021ssalkin

  • Law Firms Taking Advantage of Tenant's Market In Office Space

    Law firms are waiting to see how new trends like working remotely play out for office space post-pandemic, but that wait-and-see approach has created a tenant's market with opportunities for proactive firms in the short term.

    April 01, 2021Meredith Hobbs

  • Development

    Use Variance Denial Upheld

    April 01, 2021NYRE Staff

  • Bit Parts

    Eleventh Circuit Flirts With Nominative Fair Use Test in Alan Parsons Project Trademark Case

    April 01, 2021Stan Soocher

  • Equity In Broad and Flexible Fashion

    Federal Circuit Wasn't Chicken to Grant Equitable Intervening Right in Poultry Processing Equipment Case A dispute between the two titans in the poultry processing equipment market led the U.S. Court of Appeals for the Federal Circuit to construe the term "protection of investments" in 35 U.S.C. §252.

    April 01, 2021Kelvin Han