Features
With Federal Bankruptcy Courts Unavailable, Marijuana Businesses Turn to State Options
Federal bankruptcy courts have been unavailable to marijuana businesses due to the Schedule I status of marijuana. The United States Trustee's policy is to move to dismiss or object in each case involving marijuana assets, because they cannot be administered under the Bankruptcy Code.
Features
Commercial Real Estate Market Optimistic
The commercial real estate industry is having little trouble shrugging off today's challenging economic situations and its optimism is brewing with recent pandemic restrictions being lifted, according to a state of the market survey from DLA Piper.
Columns & Departments
Bit Parts
"Artistic Relevance" Test Applied to NFTs Vape Musical Found to Be Copyright Fair-Use Parody of Grease
Columns & Departments
Landlord & Tenant Law Case Update
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment COVID-19 Does Not Excuse Failure to Pay Rent
Columns & Departments
IP News
Federal Circuit: Agreement Between Patent Owner and Third Party Was Not Insulated from The On-Sale Bar
Features
California Court of Appeal Greenlights New Trial In Columbo Net Profits Case
The 1971 agreement between Universal City Studios and creators of the TV series Columbo permitted Universal to be a distributor of Columbo "photoplays." But the contract parties failed to include "just one more thing" when negotiating their 17-page memo deal and two-page rider: a definition of the key term "photoplays."
Features
Second Circuit Rules on Fantasy Sports 'Game of Skill' Controversy
During the 2017 to 2019 baseball seasons, allegations were made that individual baseball clubs were engaged in electronic "sign stealing." Shortly after this activity was acknowledged by Major League Baseball's Commissioner, a class action suit was filed, alleging that MLB made actionable misrepresentations that had an impact on the fantasy baseball games.
Features
Making Sense of the 421-A Rent Concession Appeals
Landlords initially renting up new RPTL 421-a buildings routinely give incoming rent-stabilized tenants rent concessions to account for the fact that construction may be ongoing, and that there may still be punch list items in the apartments. This seemingly innocuous practice, however, has led to class-action litigation wherein tenants allege that rent concessions are part of a fraudulent scheme that results in massive building-wide overcharges under the Rent Stabilization Law.
Columns & Departments
Real Property Law
Purchaser of Mixed-Use Building, Not Master Lessee of Residential Units, Liable for Rent Overcharges Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement Statute of Limitations Does Not Bar Strict Foreclosure Action
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- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
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