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Litigation

  • This article focuses on a recent decision upholding a pipeline developer's exercise of eminent domain under New York law in National Fuel Gas Supply Corp. v. Schueckler.

    August 01, 2020Eamon P. Joyce and Cassandra Liu
  • A thorny concern for lawyers is whether — and if so, when — an attorney/client relationship has been formed with a party with whom the lawyer has entered into a business arrangement. Current litigation over an agreement involving theatrical production rights to the Tony Award-winning musical Man of La Mancha offers some perspective on the issue.

    August 01, 2020Stan Soocher
  • Condemnee Entitled to Consequential Damages To Contiguous Parcel Valuation for Prospective Use Rejected

    August 01, 2020ssalkin
  • While the theaters of Broadway remain dark, the New York theater community has been left to grapple with challenging legal issues relating to governmental directives, contracts, insurance coverage, refunds, presenting live and prerecorded content on the Internet, and what health and safety measures will be needed once the theaters can reopen.

    August 01, 2020Matthew Windman
  • In the first case in U.S. Supreme Court history argued by telephone, the Court ruled 8-1 in favor of Booking.com, holding that it could register as a trademark its eponymous domain name BOOKING.COM.

    August 01, 2020David H. Bernstein and Jared I. Kagan
  • This article draws on a review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, and provides suggestions for getting survey evidence admitted for consideration in court. Our recommendations fall under two broad categories: relevance and reliability.

    August 01, 2020Rebecca Kirk Fair, Peter Hess and Vendela Fehrm
  • To say the least, for those companies that filed for bankruptcy on the eve of the COVID-19 shutdowns, the strategies — and available cash flows to pay landlords — did not go as planned.

    August 01, 2020Jonathan Koevary and Robert Gagne
  • There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

    August 01, 2020Matthew I. Kramer
  • In the process of creating new content, AI, which has moved into the entertainment industry, may create copies of copyrighted works in memory storage as a byproduct of its overall output sequence. This article explores authorship and ownership of such AI-generated content, and to what extent, if any, can copyrights be infringed upon when AI reproduces copyrighted works for machine learning.

    August 01, 2020Shaleen J. Patel and Sushmitha Rajeevan
  • In a decision that narrowed what actions can be brought by Delaware companies' stockholders in the context of a merger, the Delaware Court of Chancery dismissed claims brought against former 21st Century Fox executives, including three members of the Murdoch family.

    August 01, 2020Ellen Bardash