Features

Commercial Real Estate Investors Looking for Next Value Play
The rush to such sectors as industrial and multifamily has compressed cap rates, leaving many to reconsider how they measure value and leaning more toward internal rate of return.
Features

Plaintiffs Bar Not Happy with J&J's Shift of Liability to Victim Fund
A bankruptcy filing allows Johnson & Johnson to shift legal liability over its talc-based baby powder into a potential $2 billion compensation program for cancer victims, but not without a big fight from the plaintiffs bar.
Features

How Disney's Motion to Compel Arbitration of Scarlett Johansson's Lawsuit Over 'Day-and-Date' Release of Black Widow Movie Might Have Played Out
Johansson alleges that, in order to generate new subscribers for Disney+, Disney intentionally interfered with her talent agreement with Disney affiliate Marvel Studios for her featured role in Black Widow — and thus allegedly induced Marvel to breach a promise in the Johansson/Marvel agreement for the film to be initially distributed in exclusive "wide theatrical release." Updated Oct. 1 to reflect a confidential settlement reached in the case.
Features

Court's Decision In Epic/Apple Battle Explained
The federal judge who presided over the antitrust showdown between Fortnite developer Epic Games Inc. and Apple Inc. found that Epic failed to prove the tech giant is a monopolist, but ordered Apple to allow certain in-app purchasing communications.
Features

Appellate Division Upholds West Side Tower
In a dispute over West Side development, the First Department handed a victory to developers seeking to build a 39-story building on the block between West 65th and West 66th Street, and Columbus Avenue and Central Park West.
Features

Sender Beware: Jurisdictional Risks of Pre-Litigation Communications
The Federal Circuit recently clarified — and lowered — the threshold to exercise specific personal jurisdiction over an out of state declaratory judgment defendant.
Columns & Departments
Real Property Law
Restrictive Covenant Enforceable Despite Permission By Successor Landowner Insufficient Evidence of Street Dedication Inadequate Notice to Mortgagee Voids Tax Sale Court Reinstates Malpractice Claim Against Lawyer Alleged to Have Solicited Transfer of Title of Residence In Foreclosure Notice of Pendency Provides Constructive Notice Servient Owner Not Entitled to Alter Easement Location Adverse Possession Defeats Co-Tenants' Partition Action
Features

11th Circuit Rules On Who Controls Copyright Case
The U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court ruling that its judges said could have come straight out of a telenovela, or Spanish soap opera.
Features

Counsel Concerns: Retiring Disney GC Reportedly 'Upset' Over Handling of ABC Sex Allegations Probe
When a company is confronted with a potential scandal and considering whether to launch an investigation, general counsel tend to be involved in that decision — and for good reason. But what happens when the legal chief gets leapfrogged?
Columns & Departments
Development
Planning Board Took Requisite Hard Look Under SEQRA Denial of Special Use Permit Upheld
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