Liquidated Damages Clause Might Constitute Unenforceable Penalty
- September 01, 2024New York Real Estate Law Reporter Staff
Amazon and Starbucks were granted a motion to dismiss most claims against them in a proposed class action alleging that the companies illegally tracked consumers' biometric information.
August 01, 2024Kat BlackThe effectiveness of the Good Cause Eviction Law will largely depend on its implementation and the local adaptations that municipalities outside New York City decide to enact. Both landlords and tenants should stay informed about the specifics of how this law is applied in their respective locales and how it will be interpreted and handled in the judicial system.
August 01, 2024Jennifer L. AlexanderThe Future Viability of 105(a) Injunctions Following the Supreme Court's Decision In 'Purdue Pharma'
Until now, a successful reorganization assumed the debtor could confirm a plan with nondebtor releases and injunctions based on less than full creditor consensus. Now that nonconsensual releases in Chapter 11 plans are no longer permitted, will debtors have a more difficult time obtaining a 105(a) injunction?
August 01, 2024Theresa A. DriscollIn a landmark decision, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent.
August 01, 2024Howard J. Shire and Justin TilghmanCondominium Purchaser Was On Inquiry Notice of Unrecorded Easement Condominium Board May Not Depart from Declaration's Funding Provisions Failure to Make Repairs Does Not Excuse Failure to Pay Common Charges
August 01, 2024New York Real Estate Law Reporter StaffIn a recent decision, the U.S. Supreme Court held that the government was not required to refund millions of dollars paid by a Chapter 11 debtor pursuant to an unconstitutional fee scheme between the judicial districts.
August 01, 2024Francis J. Lawall and Tori L. RemingtonArmed with two circuit-level decisions, creditors who lose at the bankruptcy court level may feel encouraged to appeal. As of now, no court in the Second Circuit has addressed the issue and it remains to be seen how other courts will react.
August 01, 2024Jeffrey M. Rosenthal, Vincent J. Roldan and Joshua S. BauchnerNotice Sufficient In Action to Eject Occupant Lease's Taking Clause Excuses Tenant from Payment of Rent
August 01, 2024New York Real Estate Law Reporter StaffThe Act is intended to guard against patent trolling and creates a private cause of action for those targeted by bad faith infringement assertions and contemplates two types of relief: remedies and a bond requirement.
August 01, 2024Catherine Nyarady and Crystal Parker







