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Commercial Leasing Law & Strategy
The NY Court of Appeals Provides Important Guidance for Lease Surrender Agreements
Bruce H. Lederman
At a time when the COVID-19 crisis is causing an unprecedented number of lease defaults, a recent NY Court of Appeals decision provides both guidance and warnings to attorneys asked to negotiate and litigate leasehold surrender agreements.
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New York Real Estate Law Reporter
The NY Court of Appeals Provides Important Guidance for Lease Surrender Agreements
Bruce H. Lederman
At a time when the COVID-19 crisis is causing an unprecedented number of lease defaults, the recent Court of Appeals decision, The Trustees of Columbia University v D’Agostino Supermarkets, Inc., provides both guidance and warnings to attorneys asked to negotiate and litigate leasehold surrender agreements.
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The Intellectual Property Strategist
Exercising Restraint: Federal Circuit Affirms Dismissal of Declaratory Judgment Action Under Abstention Doctrine
Rudy Kim and James Hancock
The Federal Circuit affirmed the dismissal of a declaratory judgment action based on the “abstention doctrine,” despite the declaratory judgment plaintiff’s insistence that the underlying contract dispute required resolution of patent validity and claim scope that were within the federal courts’ exclusive purview.
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The Bankruptcy Strategist
The Small Business Reorganization Act: How It Started. How it’s Going. Where to Next?
Jack O’Connor
By further expanding access to a streamlined Chapter 11 process, the SBRA will ensure that a wider array of debtors have the ability of reorganizing themselves, when Chapter 11 was previously too cost-prohibitive for such debtors.
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Entertainment Law & Finance
Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World
Gwendolyn Seale
Part One 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.
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Business Crimes Bulletin
Not-So-Incidental Byproducts of 'Kelly'
Gary Stein
Early returns are in, and they indicate that the Supreme Court’s decision in the so-called “Bridgegate” case will be an effective tool for pruning the wild overgrowth that has built up around the federal fraud statutes.
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New York Real Estate Law Reporter
Development
Stewart Sterk
Use Variance Not Necessary for Use of Home As AirBnB Rental
Merger of Back-to-Back Lots
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The Bankruptcy Strategist
State High Court Preserves Lenders’ Tort Claims Against Debtors’ Insiders
Michael L. Cook
A lender’s state law tort claims against “non-debtor third-parties for tortious interference with a contract” were “not preempted” by “federal bankruptcy law,” held the New York Court of Appeals.
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The Intellectual Property Strategist
Looking Ahead to Avoid Spoliation Sanctions
Daniel J. Melman and Sarah Benowich
A recent Federal Circuit decision denying a petition for a writ of mandamus should serve as a cautionary tale and reminder for corporate entities regarding the critical importance of preserving documentary evidence in a timely and appropriate manner.
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Commercial Leasing Law & Strategy
Extra-Judicial Evictions of Commercial Tenants During COVID-19
Adam Leitman Bailey and John M. Desiderio
This article addresses and updates the law on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants.
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New York Real Estate Law Reporter
Real Property Law
Stewart Sterk
Stranger to the Deed Rule Does Not Bar Easement Claim
Misconduct By Mortgagor’s Lawyer Voids Foreclosure Sale
Permissive Exclusive Use of Common Driveway Does Not Extinguish Easement
Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default
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The Intellectual Property Strategist
USPTO Sets Precedent on Collective Patent Defense Groups with RPX Ruling
Scott Graham
It took two years and a last-minute substitution of judges for the U.S. Patent and Trademark Office (USPTO) to rule that RPX Corp. was too close to a dues-paying member to bring a patent validity challenge.
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Commercial Leasing Law & Strategy
2020 Provides Roadmap for Success in 2021
Erika B. Morphy
If commercial real estate is going to have a successful 2021, it will require the ability to seek out unexpected advantages.
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The Bankruptcy Strategist
Implications of Transfer of Attorney-Client Privilege In Bankruptcy Cases
Andrew C. Kassner and Joseph N. Argentina Jr.
One of the most misunderstood areas of law for non-bankruptcy and bankruptcy attorneys alike is the attorney-client privilege, including the scope of the privilege, who holds it, and when and by whom it can be waived. As is often the case, in bankruptcy, additional complexities arise.
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Business Crimes Bulletin
Second Circuit Ruling on Personal Benefit Test Widens Scope of Criminal Insider Trading
Robert J. Anello and Richard F. Albert
The holding in Blaszczak significantly widens the scope of criminal insider trading. It also creates the anomaly of extending the criminal law beyond the SEC’s civil enforcement authority.
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The Intellectual Property Strategist
IP News
Joshua R. Stein and Jeff Ginsberg
Federal Circuit: Post-Employment Assignment Clause Void Under California Law
Federal Circuit No New Trial for Improper “Pennies on the Dollar” Rhetoric
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The Bankruptcy Strategist
Bankruptcy Court Responses to COVID-19 Relief Orders
Richard Levy Jr.
The economic impact of COVID-19-related shutdown orders, and the governmental directives, raise questions of how bankruptcy courts will respond.
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Entertainment Law & Finance
Fair Use Applied to Embedded Photograph
Stephen M. Kramarsky
The extremely flexible character of social media has required equal flexibility in courts’ intellectual property analysis. Happily, under U.S. copyright law, that kind of flexibility is possible.
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New York Real Estate Law Reporter
Co-ops and Condominiums
Stewart Sterk
Mother Entitled to Partition of Co-Op Apartment
Contract Vendee Lacks Standing to Enforce Proprietary Lease Provision
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Commercial Leasing Law & Strategy
‘Frustration’ and ‘Impossibility’: Viable Defenses Amid the Pandemic?
Warren A. Estis and Alexander Lycoyannis
As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.
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Business Crimes Bulletin
Equal Justice Should Apply to All, Including the President’s Friends
Harry Sandick and Jacob Tuttle Newman
This article considers certain positions taken by DOJ in cases involving Roger Stone, Michael Flynn and the subpoenas duces tecum issued by the New York District Attorney’s Office in connection with its investigation into the Trump Organization.
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Entertainment Law & Finance
How U.S. Court Ruled Whether France’s Right of Publicity Law Is Descendible
Stan Soocher
Battles over celebrities’ estates often end up in litigation, but a recent court ruling involving the estate of French oceanic explorer, environmentalist and documentary filmmaker Jacques Cousteau included a not-often-seen right of publicity consideration: how a U.S. court determines whether right-of-publicity protection in another nation is descendible.
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Business Crimes Bulletin
Defending Attorneys Against Extortion Charges Presents Unique Challenges
Bradley A. Marcus
Although the criminal prosecution of lawyer misconduct is nothing new, the recent indictment of a plaintiffs’ lawyer in Maryland and sentencing of two plaintiffs’ lawyers in Virginia illustrate the particular danger to attorneys who arguably cross the line during negotiations with potential litigation counterparties.
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Entertainment Law & Finance
Allocation Issues for Settling Weinstein Sex Assault Claims
Heidi Reavis
This article examines the recent judicial dialogue concerning allocation of Weinstein settlement proceeds among Weinstein crime victims, Weinstein Company creditors and defense counsel who have defended the Weinstein corporate officers and directors, and the overall negative impact these various episodes of the Weinstein settlement story likely have on victims’ willingness to participate or come forward at all.
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Commercial Leasing Law & Strategy
Four Class Actions Allege Rent Overcharge Chicanery
Lucas Ferrara
On Oct. 29, 2020, a Manhattan real-estate firm filed four separate class-action lawsuits highlighting three different maneuvers landlords used to evade the requirements of a tax-abatement program.
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The Bankruptcy Strategist
Turn that Frown Upside Down
Jonathan Friedland and Hajar Jouglaf
Using Subchapter V’s Unlimited Debt Limit & Confirmation Requirements to Eradicate Personal Guarantees
Limitations to Subchapter V suggest that it will be of no use to all but very small companies, but before turning completely away from the topic, there are other considerations in play.
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New York Real Estate Law Reporter
Four Class Actions Allege Rent Overcharge Chicanery
Lucas Ferrara
On Oct. 29, 2020, a Manhattan real-estate firm filed four separate class-action lawsuits highlighting three different maneuvers landlords used to evade the requirements of a tax-abatement program.
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The Bankruptcy Strategist
Transportation Services Agreements At Risk in Chapter 11 Proceedings
Francis J. Lawall and Patrick M. Ryan
In 2020, we’ve become all too familiar with the struggles of the gas and oil producers upon which many of our most popular industries rely. The resultant surge in restructuring activities, including Chapter 11 proceedings, among gas and oil producers is the highest in years.
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Commercial Leasing Law & Strategy
Finding Common Ground In Lease Provisions During COVID-19
Fredric P. Lavinthal and Eric M. Finkelstein
This article seeks to examine key current issues, and offers practical advice to landlords and tenants seeking common ground to address the ongoing financial toll of the pandemic.
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Business Crimes Bulletin
Implications of a More Conservative Supreme Court for White-Collar Practitioners
Robert J. Anello and Richard F. Albert
A review of recent decisions of the Roberts court and of decisions in which Barrett participated during her limited tenure on the U.S. Court of Appeals for the Seventh Circuit provides some hints regarding how the Supreme Court’s future decisions may affect the law relevant to white-collar criminal practice.
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Entertainment Law & Finance
Evolving Court Views on Content Embedding
Shaleen J. Patel and Mike Hobbs
Recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders that entertainment industry professionals should note.
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New York Real Estate Law Reporter
Development
Stewart Sterk
Denial of Site Plan Application Upheld
Issuance of State Permit Does Not Preclude Village’s Nuisance Claim Against Waste Disposal Facility
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The Intellectual Property Strategist
Unseating Inelegant Notions of Product Design Functionality
Jonathan E Moskin
In Blumenthal Distributing, Inc. v. Herman Miller, Inc., the 9th Circuit considered whether or not the or not the best-selling piece of furniture ever is functional.
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Commercial Leasing Law & Strategy
Settling COVID-19-Related Commercial Lease Disputes
Frank Burke
This article examines how shutdown actions might be approached and resolved by settlement by applying a series of contract performance doctrines that inevitably arise during these types of situations.
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Business Crimes Bulletin
SCOTUS Set to Address Circuit Split in Interpreting CFAA
Elkan Abramowitz and Jonathan S. Sack
The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power — and makes defense counsel and judges uneasy. The meaning of “or exceed[ing] authorized access” is not so clear.
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The Bankruptcy Strategist
Tenth Circuit Ruling May Impact Treatment of Student Loans In Bankruptcy
Charles M. Tatelbaum, Christina V. Paradowski and Brittany L. Hynes
A recent ruling in the U. S. Court of Appeals for the Tenth Circuit represents a significant departure from the generalized belief that student loan debts cannot be discharged in bankruptcy, and which, if followed by other circuit courts, could have a dramatic impact on bankruptcy law.
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New York Real Estate Law Reporter
Co-ops & Condominiums
Stewart Sterk
RPAPL 881 License Granted to Enter Neighboring Condominium Unit
Allocation of Common Expenses Upheld
Condominium Owners Have Right to Vote On Matters Involving Homeowners Association
Appointment of Receiver Upheld
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New York Real Estate Law Reporter
Real Property Law
Stewart Sterk
Possibility of Reverter Enforced
Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default
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The Intellectual Property Strategist
Hot Legal Litigation Topics for Advertisers and Marketers in 2020
Kyle-Beth Hilfer
The COVID-19 pandemic pushed brands headlong into e-commerce. Certain advertising and marketing practices led to litigation in 2020. Brands and their legal counsel should target these hot topics for legal vetting and risk mitigation as we move forward into 2021.
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Business Crimes Bulletin
Biden Administration May Bring Uptick In White-Collar Work
Andrew Maloney
With a change in priorities, and issues such as health care, climate and another stimulus package potentially on the agenda for President-elect Joe Biden, white-collar defense lawyers anticipate an uptick in enforcement work.
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The Bankruptcy Strategist
Bankruptcy Courts Embracing Virtual ADR
Jeffrey T. Zaino
Bankruptcy courts are embracing virtual alternative dispute resolution (ADR) processes to handle cases during this extraordinary period. Engaging in online mediation, and arbitration, can expedite Chapter 11 cases toward an equitable conclusion for the parties involved, while ensuring everyone can practice safe social-distancing.
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Commercial Leasing Law & Strategy
What a Biden Administration Might Mean for Commercial Real Estate
Erika Morphy
A national-led effort to push back against the virus will hopefully drive down infections enough until a vaccine becomes available. This can only help commercial real estate as it is clear that the economy will not fully recover until the coronavirus is vanquished.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Louisiana Court Lacks Personal Jurisdiction Over Jeopardy! Production Company in State’s Effort to Collect Taxes
Ticket Seller Not Responsible for Paying Refunds to Ticket Buyers “Out of Its Own Pocket” After Promoter Cancels Events Due to COVID-19
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New York Real Estate Law Reporter
Eminent Domain Law
Stewart Sterk
No Deduction for Stigma Damages
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Business Crimes Bulletin
Ransomware: To Pay or Not to Pay Is Not the Question
Michel Sahyoun
It is not the ransom but the costs associated with the failure to prevent the attack and the consequent remediation that may prove to be a real company killer.
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The Intellectual Property Strategist
IP News
Howard Shire and Shaleen J. Patel
NY District Court Adds to Confusion Surrounding Embedding
Federal Circuit Rules Patent Infringement Under Hatch-Waxman Act Occurs Where ANDA Is Filed
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Entertainment Law & Finance
Upcoming Event
Copyright Year in Review
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Commercial Leasing Law & Strategy
Transitioning to Remote, Electronic Signing for Transactions
Will Norton
The recent move to more remote work environments has prompted many to take a second look at not only eSignature solutions but also remote online notarization (RON).
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Entertainment Law & Finance
Fifth Circuit’s Decision in Sampling Case Considers Automatic Liability Controversy
Stan Soocher
The U.S. Court of Appeals for the Fifth Circuit ruled in favor of internationally successful hip-hop duo Macklemore & Ryan Lewis in a music sampling suit brought against them by New Orleans jazz musician Paul Batiste.
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Entertainment Law & Finance
‘Asserted Truths’ Doctrine Used to Decide Jersey Boys Copyright Dispute
Robert J. Bernstein and Robert W. Clarida
In a recent decision, the Ninth Circuit held that materials taken from an autobiography of Tommy DeVito — an original member of The Four Seasons music group — and used in the Broadway musical Jersey Boys depicting the band’s history and hits, comprised facts and other noncopyrightable expression.
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