How far back from accrual of a claim may a plaintiff reach for copyright damages?
Robert W. Clarida and Thomas Kjellberg
In July, the U.S. District Court for the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, a decision that began by posing the question: “Can a banana taped to a wall be art?”
Stewart E. Sterk
In Rockwell v. Despart, the Third Department recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
China, which has had an up-and-down relationship with the U.S. entertainment industry, became the latest country to offer a key regulatory framework in its first-ever case dealing with NFTs and the copyright violations they are sometimes saddled with.
Ricky Martin’s former manager claims the singer owes her more than $3 million in unpaid commissions, according to a lawsuit filed in Los Angeles Superior Court.
Paul A. Rubin and Hanh V. Huynh
Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.
Adjustment for Condemnation Blight Overturned
Current Use Constitutes Highest and Best Use
Partner Had Authority to Sell Tenancy In Common Property
Title Report Put Subsequent Lender on Inquiry Notice of Prior Mortgage
Administrator Did Not Breach Covenant Against Grantor’s Acts
Co-Tenant Establishes Title By Adverse Possession
Theresa A. Driscoll
The Supreme Court concluded that because the 2017 amendments exempted debtors located in two States, it was not “uniform” as it did not apply equally to all debtors regardless of where they were situated and, therefore, the statute was unconstitutional.
Individual employees often act pursuant to advice from their in-house counsel. If named as a defendant in which her action is challenged, the employee may want to assert advice of corporate counsel as a defense. But the privilege belongs to the employer, not the employee, and the employer may refuse to waive the privilege. Can the court abrogate the employer’s privilege over the objection of the employer, and if so under what circumstances?