Features
Retail Lease Workout Trends Show 'We're All In This Together'
There have been plenty of cases during the pandemic that shape the landlord-commercial tenant dynamic both in Chapter 11 bankruptcies and in workouts.
Features
Legal Triggers In NFT Crypto Craze
The latest cryptocurrency craze has litigators closely watching from the sidelines. Buyers of digital non-fungible tokens (NFTs) are ready to shell out hundreds of thousands of dollars, sometimes more, but when disputes start to hit the scene, litigators said there is little to no case law as precedent.
Features
Supreme Court on APIs and Fair Use
Google didn't get an answer from the U.S. Supreme Court on whether the Java Application Programming Interfaces (APIs) it copied from Sun Microsystems were copyrightable. But it got just about everything else it could have hoped for in a decision that ended its 11-year copyright clash with Sun's successor, Oracle.
Features
New Normal Will See Shift In How Commercial Real Estate Is Done
By moving away from demand for traditional offices and office space, employers will be able to select from a much broader range of talent and a much greater geographical range of places to find and use these employees.
Features
Appellate Division Overturns Supreme Court Order to Partially Demolish 55-Story Building
In Committee for Environmentally Sound Development ("CESD") v. Amsterdam Ave. Redevelopment Associates LLC, the Appellate Division, First Department, overturned a Supreme Court decision that would have required partial demolition of a nearly completed 55-story building at 200 Amsterdam Avenue.
Features
The World of NFTs and Their Implications In Intellectual Property Law
NFTs have been all the rage in the world. So what exactly are NFTs, and how do they reconcile with the basic tenets of intellectual property law?
Features
There Is No Post-Confirmation True-Up of Projected Disposable Income In Subchapter V
A large number of reported decisions interpreting Sub V have mostly addressed the eligibility threshold for a debtor to proceed under the new law. And legitimate questions will continue to present themselves. Such is the nature of most new (and even not-so-new) statutes.
Columns & Departments
Real Property Law
Easement By Necessity Claim Fails for Inadequate Proof of Unity of Title At Severance No Specific Performance When Purchaser Failed to Elect Contract Remedies Subdivision of Dominant Parcel Did Not Terminate Easement Judgment Creditor Not Entitled to Compel Sale of Tenancy By the Entirety Property Questions of Fact Preclude Summary Judgment on Specific Performance Claim Town Had No Authority to Issue Parking Permits on Land of Waterfront Owners
Features
2d Cir. Issues Two Notable Copyright Fair Use Decisions
The U.S. Court of Appeals for the Second Circuit recently issued decisions in two closely watched copyright fair use cases involving photographs. In the…
Features
Underwriting Adjusts As Pandemic Continues
Underwriting clearly has been affected by the pandemic-led downturn. Lenders are using higher vacancies and reserves to underwrite, leading to more conservative loan proceeds.
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