Features
Challenging Postjudgment Garnishment Actions Against Insurers
Part One of this article discussed garnishment statutes and the potentially significant exposure to insurers created by postjudgment garnishment actions. This final installment addresses response strategies and substantive defenses.
IP News
Highlights of the latest intellectual property news and cases from around the country.
Features
Taming the Tenant's Form of Lease: Common Landlord 'Fixes'
Part One of this article discussed some of the major landlord "fixes" often required when working from a tenant's form of lease, <i>i.e.</i>, remeasurement, rent, taxes, tenant self-help, default, mitigation, assignment, subordination, and estoppels. This conclusion continues the discussion with additional "fixes."
Danger Ahead
The word "caution" should be the watchword when taking on a dual The act of "defending the witness' interests" by taking on his/her limited representation may leave counsel with real ethical dilemmas and even perhaps a legitimate disqualification motion.
Practice Tip: Congress Expected to Strengthen Consumer Product Safety
With more than $2 trillion of imported products entering the United States every year, consumer product safety is receiving more attention than ever from the government, consumer protection groups, safety advocates, and the media.
Features
The Impact of the Internet on Strict Product Liability Law
Strict product liability emerged in the 1960s and 1970s as a potent force shaping the way product manufacturers do business in America. Although the relevant common law of each state has been modified from time to time since its inception, the basic parameters of the theory have been settled for some time. Now, however, market conditions are changing dramatically, and the law is likely to change with it.
Havana Central: Tort Liability and Holdover Tenants
A recent split decision by a New York appellate court upholding an incoming tenant's claim against a prior tenant for failing to vacate premises at the expiration of its lease has generated substantial comment and bewilderment in the real estate bar.
e-Commerce Docket Sheet
Arbitration Clause in User Agreement Does Not Apply to Phone-Sales Agent <br>Arbitration Clause Is Not Unconscionable for Savvy Corporate Parties <br>Alleged Copyrighted Work Distribution Can Establish An Infringement Claim<br>Songwriters' Claim of Alleged Misappropriation Cognizable under Copyright<br>Exhaustion Doctrine Bars Rights Assertion in Sales to Third-Party Manufacturers
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MOST POPULAR STORIES
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- The Stranger to the Deed RuleIn 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›