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Features

Subordination Agreements: Enforcement and Reorganization Participation Image

Subordination Agreements: Enforcement and Reorganization Participation

Andrew C. Kassner & Joseph N. Argentina Jr.

What provisions in a subordination agreement can be enforced, and can the subordinated creditor participate in the reorganization process if there is no prospect it will receive any distribution as a result of being subordinated?

Features

DOJ Looking to Develop New SEP Policies Image

DOJ Looking to Develop New SEP Policies

Bruce Love

The Justice Department has confirmed it is looking to develop new policies surrounding how standard-essential patents might be used as tools for anticompetitive practices. The change in policy will mean big business for law firms that can combine highly technical IP advice with their antitrust and litigation practices.

Features

Third Circuit: Assertions of Sovereign Immunity Can Be Scrutinized In the Bankruptcy Context Image

Third Circuit: Assertions of Sovereign Immunity Can Be Scrutinized In the Bankruptcy Context

Corinne Ball

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

Stan Soocher

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

Jeff Ginsberg & Zhiqiang Liu

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 Image

Legal Tech: EU E-discovery 'Phenomenon' Comes With Unique Issues

Frank Ready

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 Image

Court Addresses Issues Relating to RLUIPA Safe Harbor and the Equal Protection Clause

Steven M. Silverberg

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

NYRE Staff

Summons for Violation of Zoning Ordinance Not Duplicative of Prior Dismissed Summons Special Exception Denial Upheld

Columns & Departments

Landlord and Tenant Law

NYRE Staff

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

NYRE Staff

Easement Scope Limited to Ingress and Egress Seller Entitled to Cancel When Purchaser Did Not Obtain Government Development Approvals

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