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Court of Appeals Upholds Privatization of Interior Landmark Image

Court of Appeals Upholds Privatization of Interior Landmark

Stewart E. Sterk

The New York City Landmarks Preservation Law authorizes the Landmarks Preservation Commission (LPC) to designate interior landmarks as well as exterior landmarks. An interior site is eligible for designation only if the public has access to the site, but once the LPC has designated the interior landmark, can the LPC authorize its owner to close the landmark to public access?

Features

Permitted Uses: Flexibility and Adaptability Image

Permitted Uses: Flexibility and Adaptability

Glenn A. Browne

When negotiating permitted-use clauses under retail leases, landlords attempt to achieve the most comprehensive limitations possible so as to avoid conflicts with other tenants' leases and violations of exclusive-use clauses that are maintained by other tenants in the retail facility. Tenants, however, should be very careful to incorporate a certain degree of flexibility and adaptability into their leases' permitted-use clauses to take into account an evolving landscape.

Features

As Section 101 and the Progeny of Mayo and Myriad Continue to Wreak Havoc on Portfolios, How Is The Life Sciences Industry Fighting Back? Image

As Section 101 and the Progeny of Mayo and Myriad Continue to Wreak Havoc on Portfolios, How Is The Life Sciences Industry Fighting Back?

Wesley Overson, Otis Littlefield, Mat Swiderski, & Stephanie Blij

Since the U.S. Supreme Court decided Mayo and Myriad, the Federal Circuit has expanded the holdings and invalidated more patents directed to biological discoveries. If the newly discovered correlations and properties of what is found in nature cannot be patented, what strategies for protection are left for companies doing biological research?

Features

Sony Music Must Hand over Internal List over Kesha Sex Abuse Claims Image

Sony Music Must Hand over Internal List over Kesha Sex Abuse Claims

Jason Grant

As the now four-and-a-half-year-long legal dispute between Kesha and her former music producer Dr. Luke continues in New York court, a state appeals panel has decided that the pop singer can compel Sony Music Entertainment to identify people interviewed in its internal investigation that examined Kesha's claims of sexual misconduct by the producer.

Columns & Departments

Development Image

Development

ssalkin

City Not Estopped from Preventing Construction of Building Despite Longstanding Interpretation of Zoning Resolution

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Broker Breaches Fiduciary Duty By Making Offer That Competes With Client<br>Amendment to Association Bylaws Not Effective Until They Are Recorded<br>Seller Entitled to Cancel Contract When It Could Not Clear Title<br>Buyer's Waiver of Defects In Title Preclude Cancellation By Seller<br>Questions of Fact Preclude Summary Judgment on Mortgage Contingency Issues<br>Broker Not Entitled to Summary Judgment on Fraud Claim By Prior Owner<br>Easement By Prescription Established

Features

Litigation Expense Deductibility: New Appellate Court Decision Image

Litigation Expense Deductibility: New Appellate Court Decision

Daniel Mayo

The Fifth Circuit Court of Appeals recently issued a decision that explains some of the requirements for deducting litigation expenses. The facts of the case are bizarre, but the controlling legal principles are not.

Features

The Unlicensed Real Estate Broker in New York: Beware Image

The Unlicensed Real Estate Broker in New York: Beware

Janice G. Inman

The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.

Features

Counsel Concerns: Low Sanctions Are Upheld in Lawyer's Case Over Booking Discrimination Suit Image

Counsel Concerns: Low Sanctions Are Upheld in Lawyer's Case Over Booking Discrimination Suit

Greg Landline

The case is rooted in an underlying lawsuit filed nearly two decades ago in New York by black music promoters Leonard Rowe and Lee King against the William Morris Agency and several other booking and talent agencies.

Features

Photographs on the Internet: Circuit Courts Examine Copyright Infringement Image

Photographs on the Internet: Circuit Courts Examine Copyright Infringement

Kyle-Beth Hilfer

Two recent circuit court cases clarified copyright infringement of photographs on the Internet. Both cases serve as cautionary tales for those who takes photographs for their websites from the Internet without investigating copyright rights.

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