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New York Real Estate Law Reporter
Landlord & Tenant Law
NYRE Staff
Habitability and Harassment Claims Survive Motion to Dismiss
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses
Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment
Renovations Qualified Apartment for High-Rent Vacancy Decontrol
COVID-19 Does Not Excuse Failure to Pay Rent
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New York Real Estate Law Reporter
Co-ops and Condominiums
NYRE Staff
Unit Owner Not In Possession Cannot Prevail on Wrongful Ejectment Claim
Read More ›
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Entertainment Law & Finance
Second Circuit Interprets ‘Executed By the Author’ In Copyright Act’s §203 Grant Termination Provision
Stan Soocher
Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?
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Entertainment Law & Finance
Components of Legal Work On NFTs
Bruce Love
With a significant amount of NFT activity arising from the entertainment and sports industries comes an inevitable need for legal services. But taking advantage of this economic growth is no simple matter for entertainment, media and sports lawyers. It requires an understanding not just of NFT transactions, but also of data security, intellectual property, public policy, and a whole raft of regulatory and compliance issues.
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Commercial Leasing Law & Strategy
A Primer on Landlord Exculpatory Provisions In Leases
Marisa L. Byram and Garrett L. Kinkelaar
Keystone Specialty Services Co. v. Ebaugh
Practitioners should take note that depending on the jurisdiction, a well-drafted exculpatory clause may afford additional protections to a commercial landlord, even from its own negligent acts.
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Entertainment Law & Finance
Trademark Oppositions and Coexistence Agreements
Ben Thompson and Robert Moorman
There are frequent battles over trademark rights in the entertainment industry. Trademark publication can be an anxious part of the federal application process, with fear of aggressive opposition and costly proceedings looming in the background. But many trademark oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with an opposer that can ultimately be helpful in nonobvious ways.
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The Intellectual Property Strategist
‘Executed By the Author’ In Copyright Act’s §203 Grant Termination Provision Interpreted By Second Circuit
Stan Soocher
Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?
Read More ›
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The Bankruptcy Strategist
Preferred Equity In Peril?
Adam Shpeen, Aryeh Ethan Falk and Stephen Ford
Two Recent Cases Shed Light on Potential Risks to Preferred Equity Holders in Chapter 11
Preferred equity is a varied and flexible instrument, but, in practice, it typically has a limited number of common features. One feature is that it is entitled to a “liquidation preference” ahead of common stock. Whether the liquidation preference of preferred equity entitles preferred shareholders to priority over common shareholders in a Chapter 11 reorganization is a question that figured prominently in two recent high profile cases.
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The Bankruptcy Strategist
Seventh Circuit Bars Bad Faith Asset Buyer Protection
Michael L. Cook
“Good-faith purchasers enjoy strong protection under [Bankruptcy Code] §363(m),” but the silent asset buyer (“B”) with “actual and constructive knowledge of a competing interest” lacks “good faith,” held the U.S. Court of Appeals for the Seventh Circuit.
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Commercial Leasing Law & Strategy
Supreme Court Addresses Municipal Sign Regulations, Again
Steven M. Silverberg
In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. The Court took another look at the issue of strict scrutiny relating to “off-premises” signs in the case of City of Austin, Texas v. Reagan National Advertising , in which the majority concluded that strict scrutiny should not apply to determining whether the off-premises sign regulations at issue violated the First Amendment.
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Entertainment Law & Finance
Players On the Move
ELF Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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Accounting And Financial Planning For Law Firms
The Stenography Shortage Is Impacting Client Service: What’s the Future of Court Reporting?
Dean Whalen
In the court reporting market, technology has matured to match or exceed stenography’s stronghold on speed and accuracy and, as such, is poised to disrupt the market.
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The Bankruptcy Strategist
With Federal Bankruptcy Courts Unavailable, Marijuana Businesses Turn to State Options
David E. Sklar and Cheryl A. Santaniello
Federal bankruptcy courts have been unavailable to marijuana businesses due to the Schedule I status of marijuana. The United States Trustee’s policy is to move to dismiss or object in each case involving marijuana assets, because they cannot be administered under the Bankruptcy Code.
Read More ›
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Commercial Leasing Law & Strategy
Commercial Real Estate Market Optimistic
Paul Bergeron
The commercial real estate industry is having little trouble shrugging off today’s challenging economic situations and its optimism is brewing with recent pandemic restrictions being lifted, according to a state of the market survey from DLA Piper.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
“Artistic Relevance” Test Applied to NFTs
Vape Musical Found to Be Copyright Fair-Use Parody of Grease
Read More ›
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Commercial Leasing Law & Strategy
Landlord & Tenant Law Case Update
Stewart E. Sterk
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses
Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment
COVID-19 Does Not Excuse Failure to Pay Rent
Read More ›
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The Intellectual Property Strategist
IP News
Howard Shire and Stephanie Remy
Federal Circuit: Agreement Between Patent Owner and Third Party Was Not Insulated from The On-Sale Bar
Read More ›
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Entertainment Law & Finance
California Court of Appeal Greenlights New Trial In Columbo Net Profits Case
Stan Soocher
The 1971 agreement between Universal City Studios and creators of the TV series Columbo permitted Universal to be a distributor of Columbo “photoplays.” But the contract parties failed to include “just one more thing” when negotiating their 17-page memo deal and two-page rider: a definition of the key term “photoplays.”
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Entertainment Law & Finance
Second Circuit Rules on Fantasy Sports ‘Game of Skill’ Controversy
Peter Brown
During the 2017 to 2019 baseball seasons, allegations were made that individual baseball clubs were engaged in electronic “sign stealing.” Shortly after this activity was acknowledged by Major League Baseball's Commissioner, a class action suit was filed, alleging that MLB made actionable misrepresentations that had an impact on the fantasy baseball games.
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New York Real Estate Law Reporter
Making Sense of the 421-A Rent Concession Appeals
Jeffrey Turkel
Landlords initially renting up new RPTL 421-a buildings routinely give incoming rent-stabilized tenants rent concessions to account for the fact that construction may be ongoing, and that there may still be punch list items in the apartments. This seemingly innocuous practice, however, has led to class-action litigation wherein tenants allege that rent concessions are part of a fraudulent scheme that results in massive building-wide overcharges under the Rent Stabilization Law.
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Entertainment Law & Finance
Fresh Filings
ELF Staff
Notable court filings in entertainment law.
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New York Real Estate Law Reporter
Real Property Law
NYRE Staff
Purchaser of Mixed-Use Building, Not Master Lessee of Residential Units, Liable for Rent Overcharges
Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement
Statute of Limitations Does Not Bar Strict Foreclosure Action
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New York Real Estate Law Reporter
Eminent Domain Law
NYRE Staff
Evidence Supports Award of Severance Damages
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The Bankruptcy Strategist
Fifth Circuit Ruling Gives Commercial Lessees Likely Protection In Bankruptcy Court Free and Clear Asset Sales
Michael L. Cook
The Fifth Circuit signaled that it would not approve in later cases a bankruptcy court asset sale of real property that summarily cuts off the rights of the debtor’s lessees.
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Commercial Leasing Law & Strategy
Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement
Stewart E. Sterk
In an action to recover a brokerage commission, the Appellate Division affirmed a broker's appeal of denial of its summary judgment motion, holding that questions of fact remained about seller’s liability for a commission after expiration of the brokerage agreement.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Seventh Circuit Denies COVID-Shutdown Insurance Coverage to Movie Exhibitor
Read More ›
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New York Real Estate Law Reporter
Landlord & Tenant Law
NYRE Staff
Prior Landlord’s Purchaser of Loft Tenant’s Improvements Exempted Unit from Rent Regulation
Notice of Termination Did Not Meet Federal Standards
Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment
Tenant Entitled to Preliminary Injunction Against Use of Video Cameras In Interior of Premises
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New York Real Estate Law Reporter
Development
NYRE Staff
Neighbors Have Standing to Challenge Use Variance for Operation of Concrete Manufacturing Plant
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The Bankruptcy Strategist
Why Bankruptcy Attorneys Need to Help Their Clients Face Distressed Assets Now
William (Bill) Lobel
Cyclical challenges in the economy are nothing new to bankruptcy attorneys and their clients, and 2022 is shaping up to be that kind of year for business owners nationwide. This is likely to result in a greater need for the services of bankruptcy attorneys as business owners face a mounting wave of distressed financial assets.
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New York Real Estate Law Reporter
Drafter Not Bound By Its Own Deed Modification
Yoram Nachimovsky and Kenneth Gelnick
When the city, as a seller of real estate, attaches a document to the deed at closing, but the deed does not refer to that document, may the buyer introduce evidence to establish that the document was intended to clarify the deed description?
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New York Real Estate Law Reporter
Co-ops and Condominiums
NYRE Staff
Sponsor’s Obligation to Conform to Building Code Not Waiveable
Allocation of Boat Slips Protected By Business Judgment Rule
Co-Op’s Ejectment Action Dismissed
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New York Real Estate Law Reporter
Real Property Law
NYRE Staff
Statute of Limitations Bars Foreclosure When Mortgagee Was Not Mortgagee In Possession
Statute of Limitations Bars Easement Claim
Estate Lacked Standing to Challenge Deed on Which Former Partner’s Name Was Forged
Partition Action Dismissed for Failure to Prove Cotenancy Interest
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New York Real Estate Law Reporter
Landlord & Tenant Law
NYRE Staff
Hearing Necessary to Determine Reasonableness of Pet Accommodation
Whether Sales Counter Constituted Trade Fixture Is a Question of Fact
Four-Year Lookback Rule Inapplicable When Issue Is Whether Apartment Is Regulated
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New York Real Estate Law Reporter
Development
NYRE Staff
Rental Permit Law Did Not Constitute Unconstitutional Search or Seizure
Challenge to Building Permit Denial Dismissed for Failure to Exhaust Administrative Remedies
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Cybersecurity Law & Strategy
You Won’t Know It When You See It: The Challenges of Fabricated Evidence in the Digital Age
John G. Browning and Jonathan Bailie
How significant is the threat of fabricated digital evidence that can alter the outcome of a case? In today’s wired workplace, it’s considerable.
Read More ›
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Entertainment Law & Finance
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
Stan Soocher
There’s current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Entertainment Law & Finance
Keeping Track of Legal Claims from Fatal Shooting on 'Rust' Film Set
Marianna Wharry
Actor Alec Baldwin has detailed his account of the October 2021 fatal shooting of cinematographer Halyna Hutchins on the Rust film production set in an arbitration demand in which he seeks indemnification.
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The Bankruptcy Strategist
Fifth Circuit Resolves ‘Clash’ Between FERC and Bankruptcy Courts
Douglas S. Mintz and Michael L. Cook
A Chapter 11 debtor’s “rejection [(under Code §365(a)] of a filed-rate [natural gas] contract … relieve[d] it of the obligation to continue performance absent the approval of FERC [(the Federal Energy Regulatory Commission],” held the U.S. Court of Appeals for the Fifth Circuit.
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Commercial Leasing Law & Strategy
PA Ruling Shows Power of Obtaining Mechanic’s Lien
Alan Nochumson and Clementa Amazan
In Pennsylvania, if a contractor is not paid for repairs or improvements made to real estate, the contractor can either take the traditional path of litigation and sue the property owner by filing a complaint under contractual or equitable theories or file for a mechanics’ lien that clouds title to the real estate.
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Entertainment Law & Finance
Supreme Court’s Breyer Ruling on Mistakes In Copyright Registrations
Scott Graham
The Ninth Circuit had ruled in 2020 that §411(b)(1)(A) of the federal Copyright Act excuses inadvertent mistakes of fact on copyright registrations but not mistakes of law. The Supreme Court has now ruled 6-3 that the provision covers both mistakes of facts and law.
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Entertainment Law & Finance
Fresh Filings
ELF Staff
Notable court filings in entertainment law.
Read More ›
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The Bankruptcy Strategist
Is the Use of Third-Party Releases In Bankruptcy Cases Stretched Too Thin?
Francis J. Lawall and Suzanne Soboeiro
Third-party releases are often incorporated into the bankruptcy plan as a means of protecting nondebtor parties from litigation that is directly or even tangentially related to the debtor’s business. Over the last several years, the scope and use of such third-party releases appears to have been stretched arguably to the breaking point as demonstrated in a recent and important district court decision.
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The Intellectual Property Strategist
Comic Legends’ Estates Say Pandora Streamed Routines Without License
Thomas Kjellberg and Robert W. Clarida
In dual lawsuits, the estates of Robin Williams and George Carlin accuse Pandora Media of willfully infringing the legendary comedians’ registered copyrights in their “spoken word compositions” — their standup routines — by streaming the sound recordings that embody those routines without a license to use these works.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Both Sides’ Summary Judgment Motions Denied in Copyright Infringement Suit Over Jimi Hendrix Photo
Summary Judgment Granted for Defendant in Copyright Infringement Suit Over “Gimme Some Lovin’”
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The Intellectual Property Strategist
IP News
Howard Shire and Stephanie Remy
Federal Circuit: District Court Abused Discretion By Attributing Inconsistent Position to Plaintiff
Read More ›
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Cybersecurity Law & Strategy
The Rise of False Claims Act Cybersecurity Litigation
Annie Railton, James Gatta, Jud Welle and Emily Notini
While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.
Read More ›
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New York Real Estate Law Reporter
Second Circuit Reverses Course and Denies Article III Standing for Statutory Damage Claims Arising Out of Untimely Recording of Mortgage Discharges
Jonathan Robbin
Maddox v. Bank of N.Y. Mellon Trust certainly affords safeguards to lenders and mortgagees in that Maddox now narrows a borrower’s ability to pursue class damages in federal court for lenders and services for failure to timely record mortgage satisfactions.
Read More ›
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New York Real Estate Law Reporter
Landlord & Tenant Law
NYRE Staff
Landlord Not Entitled to Indemnification for Injuries Suffered on Adjacent Sidewalk
Discovery Necessary to Determine Whether Rent Concession Was Equivalent of Preferential Rent
Landlord Entitled to Exclude Rent Concession In Calculation of Regulated Rent
Lessee Entitled to Cancel When Lessor Did Not Acquire Title By Acquisition Deadline
Discounted Rent Was Legal Regulated Rent
Read More ›
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New York Real Estate Law Reporter
Development
Local Law Was Consistent With Comprehensive Plan
Planning Board Lacked Authority to Waive Zoning Requirements
Read More ›
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New York Real Estate Law Reporter
Real Property Law
NYRE Staff
Easement By Necessity Claim Raises Question of Fact
Merger Doctrine Barred Breach of Contract Claim But Not General Business Law Claim
Business Judgment Rule Did Not Bar Claim Against Homeowners Association
Insufficient Necessity to Support Easement By Implication Claim
Read More ›
