Litigation

  • When a debtor that is a landlord rejects a real property lease in bankruptcy, the tenant has a choice. Either the tenant can treat the lease as terminated or retain its rights under the lease. These rights include the use, possession, quiet enjoyment, subletting and hypothecation of the property. In a recent case, the parties and the court grappled with this question: when does the tenant need to make that decision? When the lease is rejected, or by some other date?

    July 31, 2026Daniel A. Lowenthal
  • Most sampling disputes are settled, but today there are enough legal guidelines to constructively analyze potential or actual sampling claims. This article examines several 2026 court decisions involving music sampling disputes.

    July 31, 2026Stan Soocher
  • Trespass Claim Upheld When Contractor Entered Landowner’s Parcel During ConstructionTitle Insurer Not Liable for Adverse Possession Claim When Policy Excepted Claims of Persons In PossessionEstate Administrator’s Deed Not Void Because Administrator Had Apparent Authority

    July 31, 2026New York Real Estate Law Reporter Staff
  • Delaware recently became the sixth state to enact the Uniform Act, with minor modifications (the Delaware Act). Part One of this article included background regarding assignments for the benefit of creditors, including historical shortcomings that the Uniform Act is intended to address. Part Two discusses the Uniform and Delaware Acts in more detail, including the uniformity, clarity, flexibility, and efficiency provided by the Uniform Act, and the specific refinements incorporated into the Delaware Act.

    July 31, 2026Russell C. Silberglied and James F. McCauley
  • As AI becomes embedded in the ways evidence is generated, enhanced, analyzed and authenticated, the fight will be about the foundation. It will be about reliability, transparency, bias, and the ability to challenge what the machine did.

    July 31, 2026Leigh Vickery
  • Landlord’s Notice of Intent Not to Renew Held AdequateWrongful Eviction Claims DismissedCOVID-19 Did Not Justify Tenant’s Unjust Enrichment Claim Against Landlord Who Did Not Return Advance RentPrior Order Does Not Preclude Landlord’s Claim for Use and Occupancy

    July 31, 2026New York Real Estate Law Reporter Staff
  • Notable recent court filings in entertainment law.

    July 31, 2026Entertainment Law & Finance Staff