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Features

Is the Use of Third-Party Releases In Bankruptcy Cases Stretched Too Thin? Image

Is the Use of Third-Party Releases In Bankruptcy Cases Stretched Too Thin?

Francis J. Lawall & Suzanne Soboeiro

Third-party releases are often incorporated into the bankruptcy plan as a means of protecting nondebtor parties from litigation that is directly or even tangentially related to the debtor's business. Over the last several years, the scope and use of such third-party releases appears to have been stretched arguably to the breaking point as demonstrated in a recent and important district court decision.

Features

Comic Legends' Estates Say Pandora Streamed Routines Without License Image

Comic Legends' Estates Say Pandora Streamed Routines Without License

Thomas Kjellberg & Robert W. Clarida

In dual lawsuits, the estates of Robin Williams and George Carlin accuse Pandora Media of willfully infringing the legendary comedians' registered copyrights in their "spoken word compositions" — their standup routines — by streaming the sound recordings that embody those routines without a license to use these works.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Both Sides' Summary Judgment Motions Denied in Copyright Infringement Suit Over Jimi Hendrix Photo Summary Judgment Granted for Defendant in Copyright Infringement Suit Over "Gimme Some Lovin'"

Columns & Departments

IP News Image

IP News

Howard Shire & Stephanie Remy

Federal Circuit: District Court Abused Discretion By Attributing Inconsistent Position to Plaintiff

Features

The Rise of False Claims Act Cybersecurity Litigation Image

The Rise of False Claims Act Cybersecurity Litigation

Annie Railton, James Gatta, Jud Welle & Emily Notini

While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.

Features

Second Circuit Reverses Course and Denies Article III Standing for Statutory Damage Claims Arising Out of Untimely Recording of Mortgage Discharges Image

Second Circuit Reverses Course and Denies Article III Standing for Statutory Damage Claims Arising Out of Untimely Recording of Mortgage Discharges

Jonathan Robbin

Maddox v. Bank of N.Y. Mellon Trust certainly affords safeguards to lenders and mortgagees in that Maddox now narrows a borrower's ability to pursue class damages in federal court for lenders and services for failure to timely record mortgage satisfactions.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Landlord Not Entitled to Indemnification for Injuries Suffered on Adjacent Sidewalk Discovery Necessary to Determine Whether Rent Concession Was Equivalent of Preferential Rent Landlord Entitled to Exclude Rent Concession In Calculation of Regulated Rent Lessee Entitled to Cancel When Lessor Did Not Acquire Title By Acquisition Deadline Discounted Rent Was Legal Regulated Rent

Columns & Departments

Development Image

Development

ssalkin

Local Law Was Consistent With Comprehensive Plan Planning Board Lacked Authority to Waive Zoning Requirements

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Easement By Necessity Claim Raises Question of Fact Merger Doctrine Barred Breach of Contract Claim But Not General Business Law Claim Business Judgment Rule Did Not Bar Claim Against Homeowners Association Insufficient Necessity to Support Easement By Implication Claim

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

NYRE Staff

Finding of Blight Upheld

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