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The New York Convention for the Enforcement of Foreign Arbitral Awards

Cross-border equipment lessors and their financiers often prefer binding arbitration clauses in their lease agreements on the assumption that, under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, an arbitral award granted, for example, in the United States would be simple and quick to enforce in the foreign jurisdiction of the lessee. This, however, is not necessarily the case.

Enforcement Remedies to Combat Default

Unfortunately, the role of attorneys does not end with the entry of a divorce judgment. They are frequently faced with client requests to enforce their rights to receive the assets and/or support awarded in the judgment.

Landlord & Tenant

Analysis of a recent case that affects your practice.

Illegal Loft Tenants Entitled to Remain Rent-Free

What rights do landlords and tenants have with respect to lofts that remain illegally occupied? The Court of Appeals recently addressed that question.

Tenant Improvement Letters

This article outlines some of the major considerations of tenants and landlords in addressing the primary source of pre-commencement default under leases: the tenant improvement letter.

In the Spotlight: The New York Franchise Act

Both the franchise sales process and the relationship between franchisor and franchisee during the term of the franchise are regulated. Here's what you have to know.

The Green Shopping Center

The same argument for building or retrofitting sustainable buildings for commercial properties holds for shopping centers. Here's why.

Recent Developments in Anti-SLAPP Cases for Determining Protected Activities

In the last three years, there have been a number of decisions issued by California courts on anti-SLAPP motions filed in response to lawsuits arising out of the publication and/or distribution of entertainment works.

Real Property Law

Discussion of several key cases.

July issue in PDF format

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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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