Columns & Departments
Development
Development Consistent With Zoning Ordinance Did Not Require Referral to ZBA Development Agreement Constituted Impermissible Contract Zoning
Features
COVID Shutdown Orders vs. Statutory Rent Obligations
Even though payment of post-petition rent under a nonresidential lease (prior to rejection) has historically been an absolute requirement, bankruptcy courts, as courts of equity, have the ability during these extraordinary times to take a more flexible approach. This clearly is an evolving trend that should continue for at least the duration of the pandemic and perhaps beyond, as bankruptcy judges and practitioners seek out creative and unique responses to difficult issues.
Features
Particularized Pleading of Underlying Illegal Acts in the Second Circuit
Gamm v. Sanderson Farms, establishes a high burden for a plaintiff to plead adequately failure to disclose illegal conduct — regardless of how much circumstantial evidence a plaintiff is able to amass or how much news coverage the alleged conduct attracts.
Features
Bankruptcy and Intellectual Property Executory Contracts
The economic impact of the pandemic has been catastrophic. For many companies, intellectual property are significant assets, and counsel for these businesses, as well as counsel for their creditors, licensees and licensors, will need to understand these issues that arise to avoid pitfalls and take full advantage of opportunities to exploit the full value of a company's IP for the benefit of their clients.
Features
Upcoming Event
28th Cutting Edge Entertainment Law Seminar. Oct. 15-17, 2020.
Features
Legalweek NY is Expanding to Guide You Through a Legal Industry Revolution
The legal industry has undergone several years' worth of transformation over the course of the last six-plus months — so it's clear we're going to need more than a week to cover it all. Legalweek New York event is expanding in 2021 to include a yearlong slate of programming.
Features
The State of the e-Discovery and Data Privacy Job Market: Pre and Post COVID-19 – Part 2
A deep dive into the pre and post pandemic e-discovery job market landscape and what data privacy professionals can learn from ESI employment trends. Part Two of a Two-Part Article
Features
In Decision of First Impression, Court Decides 'Gap Grants' Can Be Terminated Under §203 of U.S. Copyright Act
In the 1976 Copyright Act, Congress inserted a termination right for authors or their successors for pre-January 1, 1978, assignments of copyrighted works. However, the legislators didn't directly address a key issue: how to determine termination rights for what are known as "gap grant" works — that is, those created post-1977 under copyright assignments made before then.
Features
COVID-19 and Force Majeure Clauses
The COVID-19 outbreak has wreaked havoc on the entertainment industry. Productions have been halted and distribution channels disrupted. In the midst of this pandemic, one big question for contracting parties is whether force majeure will excuse or postpone a party's obligations without liability.
Features
Legal Technology, Advanced Analytics, and the Impact of the Pandemic on Innovation In the Automotive Industry
For the automotive industry already facing cost constraints as a result of the pandemic, the predicted increase in litigation activity accentuates the need to invest in innovative service and delivery models to cut litigation costs.
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