Features

Guidance on the Enforceability of Lockup Provisions
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.
Features

Second Circuit Holds No Special Standard for Charging Campaign Contributions As Bribes, Reinstates Charges Against Former NY Lieutenant Governor
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.
Columns & Departments
Real Property Law
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
Features

Lawyers' Views on Voice Dust-Up Between Scarlett Johansson and OpenAI
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.
Features

Appellate Court Provides Practical Guide to Commercial Landlord's Bankruptcy Damage Claims
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.
Features

U.S. Supreme Court Limits Development Impact Fees
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.
Columns & Departments
Landlord & Tenant Law
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
Features

Voice Actors' Class Action Challenges AI Use of Their Voices
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.
Columns & Departments
Co-ops and Condominiums
Unit Owner's Claim Against Condo Board for Inaction Survives Summary Judgment Motion
Features

U.S. Supreme Court Decides Copyright Damages-Lookback Issue But Not Discovery-of-Infringement Rule
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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MOST POPULAR STORIES
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- The Stranger to the Deed RuleIn 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›