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Case Notes

ssalkin

Slip-and-Fall Victim Cannot Recover from Landlord or Tenant

Features

'Graffiti' Artists Prevail Under VARA Over Property Owner Image

'Graffiti' Artists Prevail Under VARA Over Property Owner

Matthew V. Wilson & Tucker Barr

The culturally conscious property owner may be interested in commissioning an artist to beautify the outdoor wall of the owner's warehouse space. However, it's important to understand the legal effect of commissioning such work and the scope of rights that the property owner acquires and surrenders as a result.

Features

<i>Decision of Note:</i> Live Nation Can't Force Arbitration over Online Ticketing Site Image

<i>Decision of Note:</i> Live Nation Can't Force Arbitration over Online Ticketing Site

Max Mitchell

Agreeing to arbitration was supposed to be as easy as clicking a button, but Live Nation was unable to show that a man seeking to sue the company actually clicked any of the buttons indicating his consent to arbitrate.

Features

Right of Entry: Landlord Considerations Image

Right of Entry: Landlord Considerations

Mark Morfopoulos

One of the key requirements of a lease, from a landlord's viewpoint, is that it ensures the landlord has the ability to access a tenant's space. When preparing a lease for a landlord, consider including the following items to make sure that the landlord is permitted access to all spaces on the premises at all appropriate times.

Features

Industry Workplace Misconduct Investigations Image

Industry Workplace Misconduct Investigations

Carri H. Cohen, Janie F. Schulman & Joshua Hill

The important ongoing industry and national conversation about sexual harassment is serving as a wake-up call to entertainment companies, board members and C-suite executives about the need to be proactive when confronted with allegations of harassment or other workplace misconduct.

Features

Walking the Fine Line of Fair Use: The Second Circuit's Decision in <i>Fox News v. TVEyes</i> Image

Walking the Fine Line of Fair Use: The Second Circuit's Decision in <i>Fox News v. TVEyes</i>

Crystal Genteman & Chris Bussert

Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24/7. That's exactly what media-monitoring service TVEyes did. There was no dispute that TVEyes had copied Fox News's content. Instead, the issue was whether TVEyes's service constituted fair use.

Features

As It Turns Out, <i>Yellowstone</i> Waivers Are Enforceable Image

As It Turns Out, <i>Yellowstone</i> Waivers Are Enforceable

Jeffrey Turkel & Joshua Kopelowitz

Four years ago, we explored whether a commercial tenant could waive its common law right to seek a <i>Yellowstone</i> Injunction. At that time, there was no appellate authority directly on point. This all changed on Jan. 31, 2018, when the Appellate Division, Second Department ruled in <i>159 MP Corp., v Redbridge Bedford, LLC</i> that the “commercial tenants' voluntary and limited waiver of declaratory judgment remedies in their written lease is valid and enforceable, and not violative of New York's public policy …”

Features

The Ripple Effect of Rejecting Trademark Licenses Image

The Ripple Effect of Rejecting Trademark Licenses

Mark W. Page

<b><i>The First Circuit Widens the Controversy</b></i><p>In <i>In re Tempnology</i>, the First Circuit held that the debtor's rejection of a trademark license strips the nondebtor licensee of any right to continue to use the trademarks. In so doing, the court takes the same approach as the Fourth Circuit and rejects the approaches advocated by the Third and Seventh Circuits.

Columns & Departments

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Real Property Law

ssalkin

No Tacking of Adverse Possession Claims<br>Issues of Fact Preclude Injunction Requiring Removal of Encroachments<br>Statute of Limitations Bars Foreclosure Claim<br>Permission Bars Prescriptive Easement Claim

Features

Meet the Lawyer Working on Inclusion Rider Language Image

Meet the Lawyer Working on Inclusion Rider Language

Cogan Schneier

At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.

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