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Case Notes

ssalkin &

She's Not a Third-Party Beneficiary

Columns & Departments

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Development

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Merger Defeats Single and Separate Ownership Claim<br>Failure to Refer to County Planning Board Invalidates Grant of Area Variance<br>Denial of Natural Resources Special Permit Upheld<br>Village Ratifies Extension of Lease to Cell Phone Provider

Columns & Departments

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IP News

Howard Shire & Adam B. Fischer

Federal Circuit Holds USPTO Can Defend PTAB Decision After Original Petitioner Drops Out<br>Federal Circuit Says <i>Alice</i> Not Intervening Change

Columns & Departments

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Bit Parts

Stan Soocher

Brief Use of Graffiti Art in HBO's <i>Vinyl</i> Show Found <i>De Minimis</i><br>Chinese Film Company Subject to Personal Jurisdiction in Location Security Company's Colorado Lawsuit

Columns & Departments

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Real Property Law

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Interest on Loan Tolled When Mortgagee Delayed In Filing Request for Judicial Intervention<br>Court Dismisses Tortious Interference Claim By Holder of First Refusal<br>Easement Enforceable Despite City Register's Failure to Index the Easement Against Newly Created Lot

Columns & Departments

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Landlord & Tenant

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Liquidated Damages Provision Not an Unenforceable Penalty<br>Occupant Established Succession Right Despite Absence of Sexual or Blood Relationship<br>Rent Stabilization Provision Lost When Tenant Executed Lease In Corporate Name<br>Predecessor Landlord Waived Prohibition on Subleases and Assignments

Features

NY High Court Sees Right of Publicity Claim in Avatars but Rules Against Celebrity Plaintiffs Image

NY High Court Sees Right of Publicity Claim in Avatars but Rules Against Celebrity Plaintiffs

Andrew Denney

<i><b>Legislature Considers Publicity Law Update</b></i><p>Ruling in a matter of first impression, New York's high court dismissed suits filed by Lindsay Lohan and the daughter of ex-mobster Sammy “The Bull” Gravano against the makers of Grand Theft Auto V, by disagreeing with the plaintiff's claims that characters in the game were intended to be their look-alikes.

Features

Indiana Supreme Court to Decide Fantasy Sports Publicity Rights Issue Image

Indiana Supreme Court to Decide Fantasy Sports Publicity Rights Issue

Stan Soocher

The Supreme Court of Indiana accepted a certified question from the U.S. Court of Appeals for the Seventh Circuit involving the interpretation of the state's right-of-publicity statute.

Features

Why Second Circuit Found No Fair Use in 'TVEyes' Case Image

Why Second Circuit Found No Fair Use in 'TVEyes' Case

Crystal Genteman & Chris Bussert

Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24 hours a day, seven days a week. That's exactly what media-monitoring service TVEyes did. Fox News filed suit against TVEyes, claiming copyright infringement of 19 of its hour-long programs and alleging that TVEyes would divert Fox News's viewership and its ability to license its news clips to third parties.

Features

False Claims and Private Equity: The Government's Increasing Focus on Private Equity Firms in False Claims Act Cases Image

False Claims and Private Equity: The Government's Increasing Focus on Private Equity Firms in False Claims Act Cases

Yvonne W. Chan & Timothy H. Kistner

The health care industry continues to hold great potential for private equity (PE) firms, but it also carries with it significant risks and potential exposure to liability. As the pressure to find opportunities has increased, there appears to be a greater appetite for riskier investments including into portfolio companies that experienced or are experiencing compliance challenges.

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