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Bit Parts
September 01, 2018
Katy Perry Defendants Denied Summary Judgment in Copyright Infringement Action Over “Dark Horse”<br>Former Percussionist for The Roots Can Proceed with Lanham Act and Publicity Rights Claims Against the Band
Development
September 01, 2018
Signs Not Compliant With Zoning Ordinance
In the Courts
September 01, 2018
Business Executive Arrested and Charged with Bribing Venezuelan Officials
Salary Hikes Not So Impressive After Inflation
September 01, 2018
Law firms have bumped up starting salaries for associates at top firms over the past few years, prompting Big Law clients to raise a stink about outsized salaries for junior lawyers. But it turns out that this pay falls short of past peaks when inflation is taken into account.
IP News
September 01, 2018
Federal Circuit Remands for Further Proceedings to Determine Whether RPX's Petitions for IPR Were Time Barred For Failing to Identify Its Client As a 'Real Party in Interest'<br>Federal Circuit Holds that Common Law Tribal Sovereign Immunity Cannot Shield a Patent in IPR Proceedings,br&gt;Federal Circuit Holds that an Unsuccessful IPR Petitioner Must Show 'Concrete Plans' for Future Potentially-Infringing Activity in Order to Demonstrate Article III Standing to Appeal PTAB's IPR Decision
On the Move
September 01, 2018
Attorney and law firm moves in bankruptcy law.
<i>Altman</i>: Six Takeaways
August 01, 2018
On April 26, 2018, a unanimous Court of Appeals held that apartments vacated between 1997 and 2011 will be considered luxury deregulated where the legal regulated rent was $2,000 or more at the time the incoming tenant moved in. The court reversed the First Department, which had held that such apartments would not be deregulated unless the rent was $2,000 or more at the time the outgoing tenant vacated.
Landlord & Tenant
August 01, 2018
Unique Circumstances Require Rent Recomputation<br>City Human Rights Law Requires Landlord to Convert Window Into Wheelchair Accessible Entrance<br>“As Is” Clause Does Not Bar Claim That Landlord Intentionally Caused Defective Conditions
Development
August 01, 2018
LPC's Denial of Hardship Application Upheld<br>Developer's Failure to Obtain Final Decision Deprives Federal Court of Subject Matter Jurisdiction<br>Spot Zoning and SEQRA Challenges Rejected
Cooperatives & Condominiums
August 01, 2018
Purchaser Adequately Alleged Concealment of Defects<br>Space Allocation Cannot Be Changed Without Unanimous Vote; Unjust Enrichment Claim Survives

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  • Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy
    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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