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Can Parties Stipulate As to Whether An Apartment Is Rent-Stabilized?

March 01, 2021 |

Legal disputes as to the rent regulated status of an apartment are as old as rent regulation itself. On occasion, landlords and tenants have purported to "agree" in a lease or stipulation as to whether a unit is regulated. This article surveys case law as to how courts treat such agreements.

Real Property Law

March 01, 2021 |

Owner Entitled to Cancellation of Notice of Pendency Upon Posting of Bond Mortgage Enjoys Priority Over Homeowners Association Lien for Common Charges Bona Fide Purchasers Protected When They Had No Notice of Alleged Fraud Failure to Inspect Premises Precludes Purchasers' Claim for Fraud Broker Conflicts of Interest Did Not Constitute Breach of Contract or Breach of Fiduciary Duty

Development

March 01, 2021 |

Village Lacked Power to Obligate Village Board to Enact Zoning Amendments Landowner Entitled to Certificate Confirming Pre-Existing Nonconforming Use Neighbor's Challenge to Approval of A Building Permit Dismissed As Untimely

Business Development: When the Road Is Bending

March 01, 2021 |

2020 and 2021 have not just been bends in your business development road — it has been more like the road has been placed on top of a roller coaster where you cannot see what the next curve holds.

Leadership in Law: 5 Ways Attorneys Can Utilize Accountability Partners to Build Business

March 01, 2021 |

As individuals, accountability helps propel us forward. It forces us to prioritize with intention and makes us enhance our efficiencies so that we can…

A Unique Solution to COVID-19-Related Delays At the U.S. International Trade Commission

March 01, 2021 |

In the wake of the COVID-19 pandemic, the ITC was forced to suspend in-person hearings and halt its fast-paced schedules while it explored existing technological resources and reliable and secure options available for video conferencing that would protect parties' confidential business information (CBI).

Litigation Over Tom Clancy Works Involves Fundamental, But Complex Copyright Elements

March 01, 2021 |

Current copyright litigation in the U.S. District Court for the District of Maryland involving Clancy's widow Alexandra and his former wife Wanda King is complex, but involves fundamental issues of copyright ownership.

Patent Litigation Growth In 2020 Points to Sustained Activity In 2021

March 01, 2021 |

Despite the recession — or partly as a result of it — 2020 was also a year of growth for patent litigation in the United States. This article provides a look back at patent litigation filing statistics in recent years across district courts in the United States, with an eye toward current trends that in all likelihood will continue deep into 2021.

'Stranger Things' Copyright Claim Survives Motion to Dismiss

March 01, 2021 |

In response to a copyright claim in the U.S. District Court for the Central District of California that the Netflix series Stranger Things infringed on Irish Rover Entertainment's unpublished screenplays, Netflix and the other defendants filed a Rule 12(b)(6) motion to dismiss, arguing that the works were not substantially similar as a matter of law.

Licensing Audits from Licensees' Perspective

March 01, 2021 |

The audit clause is a necessary means for the licensor to protect its interests and to guard against unscrupulous licensees. But it is a mistake to think that the clause is there solely to prevent malfeasance.