Features
Mind Your Step: Navigating Landmines in the Joint Defense Landscape
In the mass tort litigation context, where one plaintiff typically brings similar claims against numerous defendants within a particular industry, the coordination of defense efforts among codefendants can be a very prudent course of action. This practice, however, is fraught with landmines that can have a devastating effect on clients and practitioners alike.
Features
NY's Highest Court Grants License to Change NY's Licensing Law
A year ago, York's highest court, the Court of Appeals, appears to have redefined and narrowed the limits of what distinguishes a license from a lease by expanding the scope of what may be deemed a license. In doing so, the court adopted an approach it had never previously used in such cases.
Features
Federal Judge Rules For Defendant in Porn Copyright Case
An anonymous <i>pro se</i> defendant has beaten copyright infringement claims brought against him in federal court by a maker of pornographic videos. The defendant's victory runs counter to the result in a similar case in front of a different Eastern District judge.
Features
Creditors' Rights in Chapter 11: Use Them or Lose Them
The old adage "use it or lose it" applies at every stage of a Chapter 11 case.Nowhere is this seemingly harsh ' but essential ' reality more evident than in the ongoing saga of a group of three holders of gift cards, totaling $225.00 in value, issued by the now-defunct Borders bookstore chain.
Features
Data Security Breaches
In April 2014, the U.S. District Court for the District of New Jersey decided that the FTC could pursue a claim that a hotel company's failure to have adequate data security measures is an unfair trade practice. The agency believes that data security is a basic responsibility of any company that accepts consumer personal information.
Rent Acceleration Clauses in New York
When is a rent acceleration clause in a commercial lease enforceable? The Court of Appeals recently addressed that question and gave an answer that is unlikely to be helpful to anyone but litigators: The court, however, provided little guidance about when a rent acceleration clause would constitute a penalty.
Features
Disputes over Noise Levels from Live Performances
Noise complaints have long been an occupational hazard for venue operators, musicians and concert promoters. The surge in the electronic dance music scene has added to the number of complaints. What might be enjoyable entertainment to one person may sound like a thunderous racket to another.
Problematic Lease Provisions: The Top Three Offenders
Although every commercial lease is unique, there are three provisions that often create the most problems for landlords and tenants: self-help repossession provisions, restrictive covenants, and repair provisions. This article discusses those provisions.
Brokerage Windows in Retirement Plans
A discussion of recent developments surrounding what has become an increasingly controversial topic regarding the investment of Section 401(k) plans and other participant-direct retirement plans.
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