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.
Features

PPP Loans and Small Business Debtors In Bankruptcy
At present, there remains no avenue for Chapter 11 debtors to receive PPP Loans during the course of the bankruptcy case. The limitation on PPP availability notwithstanding, other legislative changes have greatly enhanced the eligibility for and efficacy of bankruptcy relief for many small businesses.
Features

Tax Issues In NY Publicity Right Becoming Descendible
While some states, like California, recognize post-mortem publicity rights, New York had extended the right of publicity to living New Yorkers only.
Columns & Departments
Co-ops and Condominiums
Occupation By Family Member of Corporate Principal Does Not Terminate Unsold Share Status Abandonment of Easement By Condominium Unit Owner Condominium Unit Owner Entitled to Damages for Board's Failure to Approve Transfer
Features

Law Firms Should Take Advantage of Tenant Market Post-COVID-19
Due to COVID-19's impact, the commercial office market should fundamentally shift in favor of tenants for the next several years. Law firm tenants should find an environment characterized by friendly concessions, options across asset classes and price ranges, and limited competition for space.
Features

Not Your Property, Your Business: When Customized Products Become the Business of Rights Holders and Courts
In some instances the appearance of third-party intellectual property on items purchased, owned and customized by the purchaser may be legal under the doctrines of first sale and fair use.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›