Features
Third Circuit: Assertions of Sovereign Immunity Can Be Scrutinized In the Bankruptcy Context
In an era of increasing participation and regulation by various governmental agencies in businesses eligible for bankruptcy relief, the Third Circuit's decision in Venoco is an important development for assessing the extent to which a distressed business can address action by a governmental unit through a bankruptcy case.
Columns & Departments
Bit Parts
Mixed Ruling in Police Officer's Lawsuit Over Depiction in Netflix Documentary New York Court Rules Music Plaintiffs Failed To Establish Vimeo's "Red Flag" Knowledge Third Circuit Rejects Agency Law Principles in Deciding Work-for-Hire Issue in Termination Rights Dispute Over Game of Life Board Game
Columns & Departments
IP News
Federal Circuit Rejects Theory of Infringement Based on Oversimplified Claim Interpretation and Finds That the ITC Correctly Required Proof of Substantial Non-infringing Use Based on Real-World Evidence Federal Circuit Reverses District Court's Decision Dismissing a Declaratory Judgment Action for Lack of Personal Jurisdiction Because the Patent Owner Directed Extensive Communications to the Judicial District
Features
Legal Tech: EU E-discovery 'Phenomenon' Comes With Unique Issues
For a jurisdiction with little to no discovery process, the EU and its stringent privacy requirements may have already emerged as the next frontier for e-discovery providers looking to expand their business outside of the United States. However, the region's relative inexperience with e-discovery could still emerge as a hindrance for vendors eyeing an EU-based expansion.
Features
Court Addresses Issues Relating to RLUIPA Safe Harbor and the Equal Protection Clause
Recently the United States District Court for the Southern District of New York grappled with issues relating to local zoning restrictions on houses of worship.
Columns & Departments
Development
Summons for Violation of Zoning Ordinance Not Duplicative of Prior Dismissed Summons Special Exception Denial Upheld
Columns & Departments
Landlord and Tenant Law
Tenant's Cure of Default Reinstates Lease Renewal Option Rent-Stabilized Status Survives Tax Foreclosure Sale Tenant Entitled to Yellowstone Injunction Without Taking Steps to Cure Default Landlord Entitled to Use and Occupancy, Not Rent, After Lease Termination
Columns & Departments
Real Property Law
Easement Scope Limited to Ingress and Egress Seller Entitled to Cancel When Purchaser Did Not Obtain Government Development Approvals
Features
How U.S. Tax Court Reached Its Decision on Michael Jackson's Right of Publicity
The significance of the U.S. Tax Court decision for celebrities and their estates is clear: Prior to now, as Tax Court Judge Mark V. Holmes noted: "We haven't had a case directly addressing the taxability of the image and likeness."
Features
Rehearing Sought In 2d Circuit Finding of No Fair Use In Warhol Work
Maybe the U.S. Court of Appeals for the Second Circuit should have been a little more patient.
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