Columns & Departments
NYRE Staff
Summary Judgment Premature on Discrimination Claim
Defect In Recording Insufficient to Defeat Mortgage Priority
Features
Francis J. Lawall
&
Kenneth A. Listwak
Buyers generally assume that the multi-page "free and clear" order, which typically follows the sale hearing, will insulate them from any of the seller's current (and often) future liabilities. However, that is not always the case.
Columns & Departments
Jeffrey S. Ginsberg
&
Abhishek Bapna
Federal Circuit Clarifies Pleading Requirements for Patent Cases and Affirms Grant of Summary Judgment of Invalidity under 35 U.S.C. §101
Federal Circuit Holds that Pendency of Motions Unrelated to Interlocutory Judgment Does Not Toll 30-Day Limit to File Notice of Appeal
Features
Joel Cohen
Secretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.
Columns & Departments
NYRE Staff
Zoning Amendment Did Not Lapse
Features
Stan Soocher
Under §301 of the U.S. Copyright Act, state law claims that are "equivalent" to exclusive rights in copyrights granted by federal law are preempted by the federal statute. To survive preemption, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim.
Features
ssalkin
Activision Blizzard and a trial team led by San Francisco-based Durie Tangri partner Daralyn Durie recently faced down a $400 million copyright suit in the Eastern District of Texas. In this Q&A, Durie talks about the strategy and the theatrics of the four-day trial.
Features
Charles Toutant
Since the pandemic began, lawyers have been using the coronavirus to justify nonpayment of rent, construction delays and even termination of labor contracts. But the prospect of litigating a contract cancellation based on force majeure is still so fraught with peril that many breach-of-contract disputes end in an amicable resolution.
Features
Jeffrey Schwartz
&
Mark Hakim
In June, New York's lawmakers approved amendments to the Housing Stability and Tenant Protection Act, exempting cooperative corporations from some of the most onerous provisions, and clarifying others. Once signed, the new legislation will not only be a huge victory for the thousands of cooperative apartment buildings but also for many potential purchasers who were unable to purchase in those buildings as a result of the Act.
Features
Nicholas Gaffney
A Q&A with Bobby Malhotra of Munger, Tolles & Olson LLP, Los Angeles.
