Litigation

Columns & Departments

Liquidated Damages Clause Might Constitute Unenforceable Penalty

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Amazon and Starbucks were granted a motion to dismiss most claims against them in a proposed class action alleging that the companies illegally tracked consumers' biometric information.

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The effectiveness of the Good Cause Eviction Law will largely depend on its implementation and the local adaptations that municipalities outside New York City decide to enact. Both landlords and tenants should stay informed about the specifics of how this law is applied in their respective locales and how it will be interpreted and handled in the judicial system.

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Until now, a successful reorganization assumed the debtor could confirm a plan with nondebtor releases and injunctions based on less than full creditor consensus. Now that nonconsensual releases in Chapter 11 plans are no longer permitted, will debtors have a more difficult time obtaining a 105(a) injunction?

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In a landmark decision, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent.

Columns & Departments

Condominium Purchaser Was On Inquiry Notice of Unrecorded Easement Condominium Board May Not Depart from Declaration's Funding Provisions Failure to Make Repairs Does Not Excuse Failure to Pay Common Charges

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In a recent decision, the U.S. Supreme Court held that the government was not required to refund millions of dollars paid by a Chapter 11 debtor pursuant to an unconstitutional fee scheme between the judicial districts.

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Armed with two circuit-level decisions, creditors who lose at the bankruptcy court level may feel encouraged to appeal. As of now, no court in the Second Circuit has addressed the issue and it remains to be seen how other courts will react.