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LJN Quarterly Update: 2024 Q2
Steve Salkin
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
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Entertainment Law & Finance
First Circuit Defines ‘Featured Artist’ for Purpose of Right to Sound-Recording Royalties from Digital Transmissions
Stan Soocher
To the public, a band typically is defined as its performing members, not a business entity that may control the music group. But when it comes to royalty rights, are the performers or the business entity entitled to “featured artist” statutory royalties from digital transmissions of the band’s sound recordings?
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Commercial Leasing Law & Strategy
NY High Court Sides With Other State Courts: COVID-19 Business Interruption Not Enough to State Claim Under Commercial Property Insurance
Howard B. Epstein and Theodore A. Keyes
Many businesses have sought to recover their pandemic losses under commercial property insurance policies, only to be denied coverage. A significant number of policyholders have filed lawsuits challenging these disclaimers, primarily in state courts. But to the dismay of the insureds, a growing majority of high state courts have sided with the insurers in these disputes.
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Entertainment Law & Finance
Major Labels File Lawsuits Over AI Companies’ Alleged Copying of ‘World’s Most Popular’ Recordings
Jane Wester
Major record labels including Capitol Records and Sony Music Entertainment sued two music-focused generative artificial intelligence companies, accusing them of “willful copyright infringement on an almost unimaginable scale.”
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The Bankruptcy Strategist
Appellate Courts Skeptical About Bankruptcy Court Sanctions
Michael L. Cook
Recent appellate decisions reflect a distaste for appeals from bankruptcy court sanction orders. A split Fourth Circuit even refused to hear such an appeal. Other courts tend to limit sanctions or, alternatively, accept a bankruptcy judge’s findings under a stringent “abuse of discretion” standard.
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New York Real Estate Law Reporter
Landlord Liable for Retaliating Against Maker of False Discrimination Claim
Stewart E. Sterk
What responses are available to a landlord after a false claim of discrimination? The Court of Appeals faced that issue and held that a landlord may not seek to recover the damages it has suffered as a result of a false discrimination claim, so long as the claim was made in good faith.
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The Bankruptcy Strategist
Supreme Court’s Rejection of Purdue Pharma Settlement Redefines Releases In Chapter 11
Angelo Castaldi
The U.S. Supreme Court has issued its most anticipated bankruptcy decision in recent memory. In a 5-4 decision entered June 27, the Supreme Court struck down the nonconsensual third-party releases. Writing for the Court, Justice Neil Gorsuch ruled that nothing in the Bankruptcy Code authorized the nonconsensual release or discharge of claims of opioid victims against the Sacklers, who were not debtors themselves.
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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
ZBA Adequately Explains Reversal of Condition Imposed on Variance
Mandamus Does Not Lie to Compel Change In Zoning Designation
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Entertainment Law & Finance
Fresh Filings
Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.
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The Bankruptcy Strategist
Ninth Circuit: Debt In Asset Case Is Nondischargeable If Debtor Fails to Properly Schedule the Debt
Lawrence J. Kotler and Geoffrey A. Heaton
In a recent published decision, the U.S. Court of Appeals for the Ninth Circuit addressed a previously unresolved question in that circuit: whether a debtor’s failure to properly schedule a debt in an “asset case” renders the debt nondischargeable.
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New York Real Estate Law Reporter
Real Property Law
New York Real Estate Law Reporter Staff
No Release of Escrow When Questions of Fact Remain About Breach
Questions of Fact Remain About Delay In Enforcing Easements
Merger Doctrine Bars Buyer’s Breach of Contract Claim
Partition Claim Premature Without Judicial Investigation
Reciprocal Easement Requires Cost-Sharing
Secretary of State Not Required to Adopt Inspection Regulations
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Landlord Not Entitled To Lock Out Subtenant
Landlord Did Not Release Tenant from Rent Obligation
Allowable Rent Increases Permitted Luxury Decontrol
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Commercial Leasing Law & Strategy
NJ Supreme Court: Commercial Property Owners Have a Duty to Maintain Abutting Sidewalks
Colleen Murphy
In a 4-3 decision on June 13, the New Jersey Supreme Court reversed an Appellate Division opinion in a slip-and-fall case, concluding that all commercial landowners have a duty to maintain public sidewalks and are liable to pedestrians who are injured as a result of their negligent failure to do so.
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The Bankruptcy Strategist
Is the Rule Preventing Bankruptcy Judges from Appointing Special Masters Outdated?
Mark B. Conlan and Noel L. Hillman
Rule 9031 of the Federal Rules of Bankruptcy Procedure prevents all bankruptcy judges, and, if broadly interpreted, any federal judge hearing bankruptcy cases and proceedings, from appointing special masters. The rule has not been amended since its adoption in 1983. It is outdated and should be repealed or amended to accord with the reality of today’s complex Chapter 11 cases.
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The Bankruptcy Strategist
Fourth Circuit Could Decide Fate of the ‘Texas Two-Step’
Amanda Bronstad
An influential appellate court has agreed to take up a bankruptcy involving the controversial “Texas two-step,” potentially deciding the merger tactic’s fate in future Chapter 11 cases. The Fourth Circuit agreed to hear a petition to dismiss the bankruptcy of Bestwall, a subsidiary of Koch Industries-owned Georgia-Pacific, created through a “Texas two-step” to resolve 60,000 lawsuits over asbestos exposure.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Music Publishers’ Nashville Lawsuit Over Alleged Use of Lyrics in AI Generative Program Is Sent to California Federal Court
New York Appellate Court Affirms Dismissal of Fashion Model’s Publicity Right Claim Over Ralph Lauren Documentary
New York Federal Court Applies Written Contracts Clause to Determine Intent in Implied TV-Distribution License Dispute
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The Intellectual Property Strategist
IP News
Jeff Ginsberg and Zhiqiang Liu
Federal Circuit Sitting en banc Overrules Long-standing Test for Assessing Obviousness of Design Patents and Adopts the Same Framework Established for Utility Patents
Federal Circuit Affirms District Court’s Grant of §285 Fees Request for Fees Incurred in Litigation and Denial of Fees Request for Fees Incurred In a Parallel IPR Proceeding
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The Bankruptcy Strategist
Supreme Court: Prospective Parity Is Answer to Past Trustee Fee Disparity
Steve Lash
The appropriate remedy for the past disparity in bankruptcy fees between federal Bankruptcy Trustee and Administrator districts is simply to ensure all the courts are charging the same going forward, the Supreme Court ruled on June 14.
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New York Real Estate Law Reporter
Co-ops and Condominiums
New York Real Estate Law Reporter Staff
Sale of Unit Did Not Extinguish Liability for Common Charges
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LJN Quarterly Update: 2024 Q1
LJN Editorial Staff
Highlights some of the in-depth analysis and insights from lawyers and other practice area experts from the nine LJN Newsletters titles over the first quarter of 2024.
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Entertainment Law & Finance
I Got Royalties, Babe: L.A. Federal Court Sides With Cher On Income from Sonny’s Song Interests
Stan Soocher
The U.S. District Court for the Central District of California has decided that the termination by Mary Bono of grants made by her late husband Sonny Bono under the copyright-assignment termination provision of the Copyright Act didn’t affect royalty rights under a 1978 marital settlement agreement between Sonny and ex-wife Cher.
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New York Real Estate Law Reporter
Supreme Court Limits Impact Fees
Stewart E. Sterk
In April, the U.S. Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies. The Court’s decision may have an impact on fees New York municipalities impose on developers in lieu of developer-provided parkland.
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The Bankruptcy Strategist
Courts Split Over Requirement for Chapter 15 Jurisdiction In the U.S.
Daniel A. Lowenthal
If a foreign debtor doesn’t reside in, have a domicile or place of business in, or have property in the U.S., can the foreign representative of the debtor utilize Chapter 15 to obtain discovery to use in the foreign proceeding?
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The Bankruptcy Strategist
Guidance on the Enforceability of Lockup Provisions
Paul A. Rubin and Hanh V. Huynh
A recent decision from Chief Judge Glenn of the Southern District of New York Bankruptcy Court provides clarity to creditors and debtors alike in cases where the parties’ settlement negotiations include an agreement requiring a creditor to support the debtor’s Chapter 11 plan.
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Business Crimes Bulletin
Second Circuit Holds No Special Standard for Charging Campaign Contributions As Bribes, Reinstates Charges Against Former NY Lieutenant Governor
Paul Tuchmann
We now have an opportunity to see whether the volume of campaign contribution bribery cases in the Second Circuit increases, and whether the government brings any cases that appear to infringe on the First Amendment interests of campaign contributors and candidates.
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New York Real Estate Law Reporter
Real Property Law
New York Real Estate Law Reporter Staff
Damage Limitation Does Not Require Dismissal of Buyer’s Claim When Buyer Alleges Bad Faith
Easement Not Extinguished By Adverse Possession
Neighbor Required to Provide License for Construction Entitled to Full Indemnity Against Claims
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Entertainment Law & Finance
Lawyers’ Views on Voice Dust-Up Between Scarlett Johansson and OpenAI
Isha Marathe
Actress Scarlett Johansson has threatened the generative software company OpenAI with legal action. And intellectual property lawyers have many thoughts about who might win, whether there’s even a legal claim to be made and what it all means.
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The Bankruptcy Strategist
Appellate Court Provides Practical Guide to Commercial Landlord’s Bankruptcy Damage Claims
Michael L. Cook
The court’s decision, supported by a well-reasoned bankruptcy court decision, provides a helpful overview of the most recent law governing landlords’ damage claims in bankruptcy cases.
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Commercial Leasing Law & Strategy
U.S. Supreme Court Limits Development Impact Fees
Stewart E. Sterk
In April, the United States Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies.
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Landlord Did Not Accept Tenant Surrender
Questions of Fact About Constructive Eviction
Housing Discrimination Claim Survives Summary Judgment Motion
Deregulation Claim Not Barred By Four-Year Rule
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Entertainment Law & Finance
Voice Actors’ Class Action Challenges AI Use of Their Voices
Jane Wester
LOVO, an artificial intelligence company focused on voice generation, has been hit with a proposed class action lawsuit, with the plaintiff voice actors arguing they have not been properly compensated for the use of their voices.
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New York Real Estate Law Reporter
Co-ops and Condominiums
New York Real Estate Law Reporter Staff
Unit Owner’s Claim Against Condo Board for Inaction Survives Summary Judgment Motion
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Entertainment Law & Finance
U.S. Supreme Court Decides Copyright Damages-Lookback Issue But Not Discovery-of-Infringement Rule
Robert W. Clarida and Thomas Kjellberg
In a 6-3 majority decision, the U.S. Supreme Court has resolved a copyright question that generated conflicting results in the U.S. Courts of Appeal for years. But as a forceful dissent pointed out, the court left open a more fundamental issue that could render the entire question moot.
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The Bankruptcy Strategist
Determining the Indubitable Equivalent of A Bankruptcy Claim
Peter Gampel
One aspect of the dispute in interpreting clauses in an agreement from a financial point of view, and one with significant consequences, centered around the term indubitable equivalent value for a Class 5 creditor in the context of a debtor’s fifth amended Chapter 11 plan and objection to confirmation filed by creditor. The U.S. Bankruptcy Court, Middle District of Florida, Jacksonville Division opined on that issue.
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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
Constitutionality of Boarding House Definition
Town’s Use of Escrow Funds Upheld
Planning Board Failed to Consider Public Safety Issue
Denial of Special Permit Upheld Due to Traffic Concerns
Questions of Fact About Whether Agreement Included Acquisition of Air Rights
Zoning Amendment Not Arbitrary Even If It Would Authorize Uses Prohibited By Restrictive Covenants
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Entertainment Law & Finance
Fresh Filings
Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.
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Commercial Leasing Law & Strategy
$8.6M Settlement In Florida Serves As Cautionary Tale for Commercial Real Estate
Michael A. Mora
“What’s going to happen with affordable housing is that people are going to be living under the radar, trying to get under the leases and do not live there, and apartment owners need to be aware of that because they could be liable for that.”
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The Bankruptcy Strategist
What Happens When Nondischargeable Student Loan Is Later Determined to Be Dischargeable?
Lawrence J. Kotler and Drew S. McGehrin
The U.S. Bankruptcy appellate panel for the Ninth Circuit addressed a matter of first impression: what happens when a debt that may be considered nondischargeable is later determined to be dischargeable, and more importantly, whether efforts to collect such a debt be exempt from penalties for violating the discharge injunction?
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The Bankruptcy Strategist
Delaware Bankruptcy Judge Orders Fee Examiners for ‘Larger Chapter 11 Cases’
Dan Roe
A rise in bankruptcies involving fraud and mass tort litigation is causing more bankruptcy lawyers to face scrutiny over their billing practices.
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The Bankruptcy Strategist
Delaware District Court Could Guide Supreme Court Purdue Pharma Decision
Michael L. Cook
A bankruptcy court properly held that derivative claims based on “piercing the corporate veil theory of liability [were] released under” a confirmed reorganization plan, but that direct “claims for negligent undertaking” were not released and “could be asserted” in state court against the debtors’ equity sponsors.
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The Bankruptcy Strategist
Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor
Andrew C. Kassner and Joseph N. Argentina Jr.
A big issue in real estate and retail bankruptcies, among others, involves the disposition of commercial real estate leases, given the potential magnitude of landlord damage claims under state law resulting from a tenant’s default under a long-term lease.
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New York Real Estate Law Reporter
When Is A Pretext By A Municipality A Bar To Land Use Approvals?
Steven M. Silverberg
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
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Commercial Leasing Law & Strategy
Court of Appeals Addresses Pretext By Municipalities As A Bar to Land Use Approvals?
Steven M. Silverberg
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
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New York Real Estate Law Reporter
Co-Ops and Condominiums
New York Real Estate Law Reporter Staff
Housing Discrimination Claim Dismissed
Co-Op Did Not Breach Shareholder’s Guaranty Agreement
Co-Op Not Exempt from Lead Paint Mandate
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The Bankruptcy Strategist
Delaware Bankruptcy Court Rejects Equity Holder's Challenge to Revoke Confirmation Order
Lawrence J. Kotler
The equity owner asserted that the confirmation order previously entered by the court should be revoked based on the equity owner’s claim that value was lost due to improper sale and marketing efforts by the debtors and its professionals both pre- and post-bankruptcy and, as such, they should have been “in the money” and entitled to a distribution under the confirmed plan.
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Commercial Leasing Law & Strategy
Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor
Andrew C. Kassner and Joseph N. Argentina Jr.
Given that landlord damage claims could overwhelm other creditor claims in a tenant’s bankruptcy case, the Bankruptcy Code includes a provision that limits a landlord’s claim, which presents challenges for landlords as creditors in bankruptcy cases.
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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
Environmental Group Has Standing But Loses On the Merits of Challenge to Subdivision Approval
Applicant Entitled to Permit For Small Wireless Facilities
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Commercial Leasing Law & Strategy
Due Diligence Commercial Leasing Best Practices In New Jersey
Zachary Rosenberg
Due diligence for CRE loans involves a comprehensive review and analysis of the various conditions and risks associated with the property being mortgaged, with the goal of mitigating such risks to the greatest possible extent before closing the loan.
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Entertainment Law & Finance
Fresh Filings
Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Occupation of Premises Does Not Establish Assignment By Operation of Law
Amendment to Rent Stabilization Law Is Not Unconstitutional
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