Columns & Departments
Development
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
Columns & Departments
Cooperatives & Condominiums
Purchaser Adequately Alleged Concealment of Defects<br>Space Allocation Cannot Be Changed Without Unanimous Vote; Unjust Enrichment Claim Survives
Columns & Departments
Real Property Law
No Easement Created<r>Grant Created Valid and Alienable Possibility of Reverter<br>Contract Vendee Entitled to Specific Performance<br>Questions of Fact About Scope of Mortgage
Features
How Disney Qualified for Design Patent for Marvel's Captain America Shield
Fans of movies about fictional superheroes are probably familiar with Captain America and his miraculous shield. Recently, however, his shield showed up in a most unlikely place: the U.S. Patent and Trademark Office (USPTO).
Features
Protecting Privilege Before and After a Cyber Breach
Critical to any counsel working to prevent a cyber attack or respond to a successful cyber intrusion is an understanding of why and how to properly utilize both attorney-client and work-product privilege.
Features
Counsel Concerns: Lawyer Ethics Rule In Play in Suit By Business Manager Against Rap Artist
The U.S. District Court for the Western District of North Carolina dismissed a conversion counterclaim by rapper Chingy against his former business manager Leslie King, who is a lawyer, on the ground that the artist hadn't established that a royalty purchase agreement he signed with the lawyer was void for allegedly violating the state's attorney ethics rule. However, the district court allowed the artist to pursue the ethics rule as an affirmative defense in the underlying lawsuit the attorney's music company has filed against Chingy.
Features
'Surrealistic' Suit Against Museum over Dalí Persona
The Spanish foundation that administers the intellectual property rights of famed surrealist Salvador Dalí is suing a Monterey, CA, museum that displays a permanent Dalí exhibition and uses the artist's name and likeness to promote it.
Features
Losing the Ability to Conduct Business, Period
<i><b>The Potential Impact of Multilateral Development Bank Sanctions</i></b><p>What could be worse than a several-hundred-million dollar Foreign Corrupt Practices Act fine hitting your company? How about not being allowed to even compete for many of your most important contracts for a period of several years.
Features
Foreign Lost Profits Recoverable for Patent Damages
The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2). The holding in <i>WesternGeco LLC v. ION Geophysical</i> rejects the Federal Circuit's categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.
Features
Waiving the Right to <i>Yellowstone</i> Injunctive Relief
In a case of first impression, and after it decided public policy would not be offended, New York's Appellate Division, Second Department, decided earlier this year that commercial tenants may contractually waive the right to seek a <i>Yellowstone</i> injunction in <i>159 MP Corp. v. Redbridge Bedford,</i>
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