Features
Second Circuit Erects Barriers to Due Process When Challenging Permit Denials
Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.
Features
Band Name Rights at Center of Battle Between Founding Isley Brothers
A current dispute over a band name that's worth tracking is one between two founding members of "The Isley Brothers," the legendary r&b group, that focuses on what happens to ownership of the band name rights when one member stops performing with the group but continues to be involved in its business affairs.
Features
What Is Property for Due Process Purposes?
Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.
Features
AI and Law Practice: Challenges and Opportunities
As technology continues to advance at an unprecedented pace, legal practitioners are presented with both challenges and opportunities to harness the power of AI in their practices. This article lays out a general roadmap for success in modern legal firms through the strategic incorporation of AI technologies.
Features
Effective Hybrid Work Polices Need To Have Teeth
What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
Features
The Cold War Between NCAA And States Over Athletes' NILs
Over the past four years, the NCAA aggressively lobbied Congress to pass a uniform NIL standard. Roughly a dozen bills have been sponsored by Democrats and Republicans alike, though none has ever advanced to a vote. Consequently, it appears increasingly likely that the courts will be called upon once again to intervene.
Features
DIP Financing and Liens On Avoidance Actions
The Eighth Circuit's decision in Simply Essentials has practical significance for Chapter 11 debtor in possession (DIP) lenders. U.S. Trustees and unsecured creditors regularly object to the granting of liens on avoidance actions, but this and other appellate rulings should now eliminate the purported legal obstacle.
Features
Restitution Rights for Victims of White-Collar Crime
However, when corporate misconduct rises to the level of a crime, and when that crime results in a federal criminal conviction, victims have an alternative: an order of restitution as part of the corporate defendant's criminal sentence. As discussed below, victims enjoy several strategic advantages in a restitution proceeding that they do not in civil litigation.
Features
The Presumption of Irreparable Harm After the Trademark Modernization Act Of 2020: The Good, the Bad and the Ugly
This article explores developments (both positive and negative) in the post-TMA world in which courts have wrestled with implementation of the presumption of irreparable harm in trademark cases.
Columns & Departments
Landlord & Tenant Law
Questions of Fact About Whether Tenant Exercised Renewal Option Hearing Necessary to Determine Whether Landlord Can Remove Tenant to Complete Restoration Work Questions of Fact About Landlord Fraud Additional Security Deposit Constitutes Source of Income Discrimination
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