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Features

Use and Enforcement of SNDAs In the Hotel Industry Image

Use and Enforcement of SNDAs In the Hotel Industry

Todd E. Soloway & Bryan T. Mohler

This article examines the agreement — known as a Subordination, Non-Disturbance and Attornment Agreement (SNDA) — typically used by hotel lenders, owners and managers to set forth their respective rights upon a foreclosure, and consider disputes that may arise when a party seeks to enforce its SNDA rights.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Features

One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art? Image

One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art?

Robert W. Clarida & Thomas Kjellberg

On July 7, 2022, the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, which began by posing the following question: "Can a banana taped to a wall be art?"

Features

Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages, Ninth Circuit Rules Image

Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages, Ninth Circuit Rules

Stan Soocher

How far back from accrual of a claim may a plaintiff reach for copyright damages?

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Shareholder Not Entitled to Withhold Maintenance Payments for Habitability Breach

Features

Second Circuit Insulates Innocent Friend from Corporate Debtor's Fraudulent Transfer Liability Image

Second Circuit Insulates Innocent Friend from Corporate Debtor's Fraudulent Transfer Liability

Michael L. Cook

The defendant "was a 'mere conduit' of [a] fraudulent transfer and cannot be liable to the bankruptcy estate for funds she never knew about," held the U.S. Court of Appeals for the Second Circuit in In re BICOM N.Y., LLC.

Columns & Departments

IP News Image

IP News

Howard Shire & Stephanie Remy

Copyright Standing and Fifth Circuit Trade Dress Factors

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE STaff

Class Certification Appropriate for Claim of Improper Deregulation

Features

High M&A Activity In CRE Expected to Continue, Despite Sky-High Pricing Image

High M&A Activity In CRE Expected to Continue, Despite Sky-High Pricing

Lynn Pollack

Merger and acquisition activity across the CRE spectrum is likely to continue to be high, though deals will likely be concentrated across the industrial and residential sectors, according to Deloitte.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Nashville Federal Court Decides Spotify CEO Daniel Ek Must Sit for Deposition in Copyright Licensing Dispute Over Streaming of Eminem Songs

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    This 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.
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  • Legal Possession: What Does It Mean?
    Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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    The 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.
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