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The Bankruptcy Strategist
Delaware District Court Could Guide Supreme Court Purdue Pharma Decision
Michael L. Cook
A bankruptcy court properly held that derivative claims based on “piercing the corporate veil theory of liability [were] released under” a confirmed reorganization plan, but that direct “claims for negligent undertaking” were not released and “could be asserted” in state court against the debtors’ equity sponsors.
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The Bankruptcy Strategist
Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor
Andrew C. Kassner and Joseph N. Argentina Jr.
A big issue in real estate and retail bankruptcies, among others, involves the disposition of commercial real estate leases, given the potential magnitude of landlord damage claims under state law resulting from a tenant’s default under a long-term lease.
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New York Real Estate Law Reporter
When Is A Pretext By A Municipality A Bar To Land Use Approvals?
Steven M. Silverberg
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
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Commercial Leasing Law & Strategy
Court of Appeals Addresses Pretext By Municipalities As A Bar to Land Use Approvals?
Steven M. Silverberg
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
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New York Real Estate Law Reporter
Co-Ops and Condominiums
New York Real Estate Law Reporter Staff
Housing Discrimination Claim Dismissed
Co-Op Did Not Breach Shareholder’s Guaranty Agreement
Co-Op Not Exempt from Lead Paint Mandate
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The Bankruptcy Strategist
Delaware Bankruptcy Court Rejects Equity Holder's Challenge to Revoke Confirmation Order
Lawrence J. Kotler
The equity owner asserted that the confirmation order previously entered by the court should be revoked based on the equity owner’s claim that value was lost due to improper sale and marketing efforts by the debtors and its professionals both pre- and post-bankruptcy and, as such, they should have been “in the money” and entitled to a distribution under the confirmed plan.
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Commercial Leasing Law & Strategy
Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor
Andrew C. Kassner and Joseph N. Argentina Jr.
Given that landlord damage claims could overwhelm other creditor claims in a tenant’s bankruptcy case, the Bankruptcy Code includes a provision that limits a landlord’s claim, which presents challenges for landlords as creditors in bankruptcy cases.
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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
Environmental Group Has Standing But Loses On the Merits of Challenge to Subdivision Approval
Applicant Entitled to Permit For Small Wireless Facilities
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Commercial Leasing Law & Strategy
Due Diligence Commercial Leasing Best Practices In New Jersey
Zachary Rosenberg
Due diligence for CRE loans involves a comprehensive review and analysis of the various conditions and risks associated with the property being mortgaged, with the goal of mitigating such risks to the greatest possible extent before closing the loan.
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Entertainment Law & Finance
Fresh Filings
Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Occupation of Premises Does Not Establish Assignment By Operation of Law
Amendment to Rent Stabilization Law Is Not Unconstitutional
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New York Real Estate Law Reporter
Real Property Law
New York Real Estate Law Reporter Staff
Summary Judgment Denied On Prescriptive Easement Claim
Summary Judgment Denied On Breach of Contract Claim
Contract Condition Was For Benefit of Both Parties
Statute of Limitations Did Not Bar Claim of Permanent Physical Encroachment
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Entertainment Law & Finance
Players On the Move
Entertainment Law & Finance Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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Business Crimes Bulletin
SCOTUS Curbs ‘Pure Omissions’ Lawsuits
Jimmy Hoover
In a unanimous victory to the securities industry, the U.S. Supreme Court curbed investor lawsuits based on a company’s mere failure to disclose known trends likely to affect their revenues.
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The Intellectual Property Strategist
IP News
Jeffrey S. Ginsberg and Kaiying Wang
Federal Circuit Weighs On the Patentability of Claims to Targeted Advertising
Federal Circuit Clarifies the Result-Effective Variable Doctrine
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Entertainment Law & Finance
Executive Producers’ “Most Favored Nations” Clauses Could Be Applied to Walking Dead Series Producer’s Profit-Participation Settlement
Stan Soocher
Can the settlement of a lawsuit by one profit participant in a TV production be used to increase the contingent compensation provisions of other profit participants in the show?
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Entertainment Law & Finance
In-House Counsel Perspective on Negotiating Social Media Influencer Contracts
Chris O’Malley
With the FTC amping up its scrutiny in the social media influencer space, in-house counsel has an opportunity to mitigate risk and help their companies get more bang for their influencer marketing buck.
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The Bankruptcy Strategist
Seventh Circuit Applies Safe Harbor to Private Securities Transaction
Michael L. Cook
“… [T]he term ‘securities contract’ as used in [Bankruptcy Code] §546(e) unambiguously includes contracts involving privately held securities,” The Seventh Circuit held in Petr v. BMO Harris Bank, N.A.
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New York Real Estate Law Reporter
The Guaranty Law Continues to Divide Opinion
Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District’s view that the statute is unconstitutional and the splintered view of the statute’s constitutionality expressed by New York State courts.
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The Intellectual Property Strategist
Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity
Thomas Kjellberg and Robert W. Clarida
In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.
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Entertainment Law & Finance
Pursuing AI Programmers and Third Parties over Alleged Rights Violations Caused by AI Software
Jonathan Bick
Because AIs are capable of causing harm but cannot be a legal entity, they are not held accountable by court action. Several current and future possibilities exist to resolve AI difficulties. Current options involve identifying indirect liability. Future options include but are not limited to changing the law to make an AI a legal person and/or changing the law to make AI programing an ultra-hazardous activity.
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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
ZBA’s Abandonment of Its Prior Determination Invalid
Denial of Area Variance Upheld
Lease of Town Property Upheld; Property Not Subject to Public Trust
East Side Rezoning Upheld Against SEQRA Challenge
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The Bankruptcy Strategist
Ninth Circuit Bankruptcy Appellate Panel: 523(a) Discharge Exceptions Don’t Apply to Corporate Debtors Under Subchapter V
Lawrence J. Kotler and Elisa Hyder
In Lafferty v. Off-Spec Solutions, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit held that the discharge exceptions under Section 523(a) do not apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Partial Constructive Eviction Defense Recognized
Condition Precedent to Sub-Sublease Not Satisfied
Guaranty Law Does Not Bar Liquidated Damages Claim
Penalty for Improper Conversion of Residential Building
Force Majeure Clause Reduces Pandemic-Era Rent
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The Bankruptcy Strategist
Merchant Cash Advances Could Be More Trouble Than They’re Worth
Joseph Pack and Jessey Krehl
As small-business owners have continued to struggle in an uncertain economy, a growing number have begun the dangerous practice of relying on merchant cash advances — essentially seeking financial shelter in a lion’s den.
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Entertainment Law & Finance
Fresh Filings
Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.
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The Bankruptcy Strategist
Biotech Industry Bankruptcy Case Update: ‘Zymergen’ and ‘Humanigen’
Edward E. Neiger, Marianna Udem and Joo Hee Park
This Bankruptcy Case Update focuses on the recent biotech industry bankruptcy cases of Zymergen and Humanigen.
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New York Real Estate Law Reporter
Real Property Law
New York Real Estate Law Reporter Staff
Contract Language Does Not Bar Purchaser’s Recovery of Prejudgment Interest
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The Intellectual Property Strategist
IP News
Justin Tilghman and Howard J. Shire
Appeals Court Backs Nickelback In Copyright Infringement Case
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New York Real Estate Law Reporter
Co-ops and Condominiums
New York Real Estate Law Reporter Staff
Housing Discrimination Claim Dismissed
Co-Op Did Not Breach Shareholder’s Guaranty Agreement
Co-Op Not Exempt from Lead Paint Mandate
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Amazon Didn’t Exceed Scope of License to Stream Chinese Drama
California Talent Agency’s Lawsuit in Texas Won’t Be Stayed Pending Proceeding Before California Labor Commissioner
King Holmes Fires Back at Band’s Legal Malpractice Complaint
No Substantial Similarity Found Between TV Show Abbott Elementary and Plaintiff’s Teacher-Focused Treatment for Proposed TV Series
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Commercial Leasing Law & Strategy
NYC Guarantor Liability for Post-Window-Period Rent
Cheryl Ginsburg
In Tamar Equities Corp. v. Signature Barbershop 33 Inc., the Appellate Division analyzed whether the Guaranty Law bars recovery from a guarantor where a commercial tenant’s default initially arose during the Guaranty Law’s window period, but persisted after its expiration.
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Entertainment Law & Finance
U.S. Supreme Court Hears Arguments on Whether Copyright Plaintiffs Can Reach Back More Than Three Years for Infringement Damages
Stan Soocher
In a case of first impression, the Eleventh Circuit decided that a copyright plaintiff may recover damages that occur more than three years before a copyright lawsuit is filed.
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Entertainment Law & Finance
Nugent Photo Copyright Dispute Offers Appellate Look at Post-Warhol Fair-Use Analysis
Avalon Zoppo
The Fourth Circuit ruled that a copyright infringement claim against a news site, for using a photo of musician Ted Nugent without credit, could proceed, one of the first federal appellate decisions interpreting the U.S. Supreme Court’s most recent iteration of the fair use test.
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The Bankruptcy Strategist
Landmines In Bankruptcy Appellate Practice, Part III
Michael L. Cook
When courts have made important exceptions in the past year, they have either added a gloss on the Judicial Code, corrected lawyers’ errors, filled in statutory gaps, or clarified the relevant statutory language.
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New York Real Estate Law Reporter
Guarantor Liability for Post-Window-Period Rent
Cheryl Ginsburg
In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.
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Entertainment Law & Finance
Counsel Concerns
Entertainment Law & Finance Staff
Malpractice Claims Filed Against Loeb & Loeb and Of Counsel Over King Fury 2 Film Production
King, Holmes, Paterno & Soriano Sued for Malpractice Over Representation of Sublime Band
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The Bankruptcy Strategist
A Strategic Guide for Lenders to Navigate Anticipated Distressed Loan Fallout
Jay Steinman and Karina Leiter
The steps outlined in this article offer a strategic guide for lenders, empowering them to navigate the complexities of loan workouts and enforcement actions with resilience and foresight.
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New York Real Estate Law Reporter
Co-ops and Condominiums
New York Real Estate Law Reporter Staff
Foreclosure on Lien for Common Charges Not Dismissed
Condominium Entitled to Impose Reasonable Fee for Consent to Hallway Enclosure
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Illegality Defense Raises Questions of Fact
Good Guy Guaranty Not Released
Exchange of Texts Does Not Constitute Settlement Agreement
Landlord’s Fraudulent Conveyance Claim Against Parking Lot Chain Avoids Dismissal
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Entertainment Law & Finance
Fresh Filings
Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.
Read More ›
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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
Boathouse Not an Impermissible Second Dwelling
Reduction In Size Did Not Alter Nonconforming Use Status
Local Ordinance Did Not Prohibit Short-Term Rentals
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Entertainment Law & Finance
Players On the Move
Entertainment Law & Finance Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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The Bankruptcy Strategist
Analysis of Recent Real Estate Sector Bankruptcy Rulings
Andrew C. Kassner and Joseph N. Argentina Jr.
Analysis on distressed real estate cases that present different issues. One involves the debtor’s sale of real estate over the objection of the secured lender. The other involves a debtor’s attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case.
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The Intellectual Property Strategist
IP News
Jeff Ginsberg and Collin Hong
Federal Circuit: ITC Did Not Err In Finding Violation of Section 337
Federal Circuit: PTAB Did Not Err In Claim Construction and Finding Certain Claims Obvious
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New York Real Estate Law Reporter
Real Property Law
No Adverse Possession Because Possessor Had No Reasonable Basis for Belief
Quiet Title Claim Dismissed When Claimant’s Deed Was the Product of Scrivener’s Error
Action to Remove Cloud On Title Not Barred By Statute of Limitations
Obstruction of View Not a Nuisance
Unrecorded Easement Binding On Servient Owner With Actual Notice
Nominal Damages Available for De Minimis Encroachment
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Justin Timberlake Appeals After His Anti-SLAPP Motion Fails to Stick In Documentary Deal Litigation
Texas Federal Magistrate Finds California Unfair Competition Claim Should Be Ejected from Litigation Between Talent Agencies and That Dispute Should First Be Heard by California Labor Commissioner
TV/Film Development Software Can Be Trade Secret
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The Intellectual Property Strategist
All the News That’s Fit to Pinch
Jonathan Moskin and Rachel Pauley
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
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The Intellectual Property Strategist
IP News
Howard Shire and Justin Tilghman
In Patrick v. Poree, the United States Court of Appeals for the Eleventh Circuit affirmed the denial of default judgment and summary judgment of copyright infringement claims based on a lack of evidence that the plaintiff owned a valid copyright.
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The Bankruptcy Strategist
Landmines In Bankruptcy Practice, Part II
Michael L. Cook
By enforcing deadlines strictly, refusing to hear appeals from interlocutory orders, and rarely bypassing the district court for direct appeals, appellate courts have generally avoided what they view as unnecessary work and delay. But a few courts have made important exceptions in the past year.
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