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In-depth analysis of recent rulings.

Everything contained in this issue, in an easy-to-read format.

What obligations does a buyer's broker have to different clients interested in purchasing the same property? When faced with that question in Rivkin v. Century 21 Teran Realty LLC, the Second Circuit certified the question to the New York Court of Appeals. Rivkin answered at least one significant question surrounding the obligations of a buyer's broker, but the Court of Appeals opinion raised new questions whose resolution will await future litigation (or legislation).

Development

A look at recent rulings of importance.

Second Circuit Addresses Collective Scienter

The Second Circuit recently issued an important decision in Teamsters Local 445 Freight Div. Pension Fund v. Dynex Capital Inc., which has significant implications for securities class action litigation and the continuing fallout from the crisis in the credit markets. The decision addressed the issue of collective scienter, or whether a corporation can commit securities fraud when none of its individual agents acted with fraudulent intent.

Real Property Law

Analysis of recent rulings.

Landlord & Tenant

Commentary on the latest cases.

Verdicts

Recent rulings of importance to you and your practice.

Office Romances And 'Love Contracts'

A consenting romantic or sexual relationship between two employees, and especially between a manager/supervisor and an employee, may lead to complications, difficulties and legal problems for all concerned ' the employees, the manager/supervisor and the company. Hence the "love contract."

Think Twice Before Reading Your Employees' Text Messages

A recent decision by the Ninth Circuit Court of Appeals has provided a loud wake-up call to employers who wish to monitor employee communications. In Quon v. Arch Wireless Operating Co, Inc. et al., the court held that the City of Ontario, CA, violated the state and federal constitutional privacy rights of its police officers when it reviewed their personal text messages.

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Major Labels File Lawsuits Over AI Companies' Alleged Copying of 'World's Most Popular' Recordings
Major record labels including Capitol Records and Sony Music Entertainment sued two music-focused generative artificial intelligence companies, accusing them of "willful copyright infringement on an almost unimaginable scale."
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Leveraging the Patent Professional for New Venture Development
Business-focused patent protection fundamentally improves the ability of a given product or process to attract a market. It is important for patent professionals to structure regular interactions with business leaders to both impact early business decisions, as well as gain alignment to an individual industry's dynamics. While there can be no fundamental template applicable to all technologies and all business needs, this article is intended to be a guide for efficient integration.
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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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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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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