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SCOTUS Recap: What Lies Ahead for the Lower Courts' Tests for “Non-Statutory Insiders” Image

SCOTUS Recap: What Lies Ahead for the Lower Courts' Tests for “Non-Statutory Insiders”

Daniel A. Lowenthal & J. Taylor Kirklin

Ultimately, <i>Village at Lakeridge</i> is noteworthy for what the Supreme Court did not decide. In granting <i>certiorari</i>, the Supreme Court declined to address whether the lower courts' various “non-statutory insider” tests should be refined. As concurrences from Justices Sotomayor and Kennedy emphasized, though, that issue is ripe for increased scrutiny.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Colleen Snow

Singapore Passes Deferred Prosecution Legislation

Features

Goodbye 'Yellowstone' Road Image

Goodbye 'Yellowstone' Road

David B. Saxe & Danielle C. Lesser

<b><i>Is This The End of the 'Yellowstone' Doctrine?</b></i><p>Recently, New York's Appellate Division, Second Department, acknowledged that commercial landlords may employ a strategy that prevents tenants from exercising Yellowstone rights, which enjoin the landlord from terminating the lease or commencing a summary proceeding.

Columns & Departments

Upcoming Event Image

Upcoming Event

ssalkin &

New York State Bar Association Entertainment, Arts &amp; Sports Law Section Annual Spring Meeting

Columns & Departments

Case Notes Image

Case Notes

ssalkin &

Slip-and-Fall Victim Cannot Recover from Landlord or Tenant

Features

'Graffiti' Artists Prevail Under VARA Over Property Owner Image

'Graffiti' Artists Prevail Under VARA Over Property Owner

Matthew V. Wilson & Tucker Barr

The culturally conscious property owner may be interested in commissioning an artist to beautify the outdoor wall of the owner's warehouse space. However, it's important to understand the legal effect of commissioning such work and the scope of rights that the property owner acquires and surrenders as a result.

Features

<i>Decision of Note:</i> Live Nation Can't Force Arbitration over Online Ticketing Site Image

<i>Decision of Note:</i> Live Nation Can't Force Arbitration over Online Ticketing Site

Max Mitchell

Agreeing to arbitration was supposed to be as easy as clicking a button, but Live Nation was unable to show that a man seeking to sue the company actually clicked any of the buttons indicating his consent to arbitrate.

Features

Right of Entry: Landlord Considerations Image

Right of Entry: Landlord Considerations

Mark Morfopoulos

One of the key requirements of a lease, from a landlord's viewpoint, is that it ensures the landlord has the ability to access a tenant's space. When preparing a lease for a landlord, consider including the following items to make sure that the landlord is permitted access to all spaces on the premises at all appropriate times.

Features

Industry Workplace Misconduct Investigations Image

Industry Workplace Misconduct Investigations

Carri H. Cohen, Janie F. Schulman & Joshua Hill

The important ongoing industry and national conversation about sexual harassment is serving as a wake-up call to entertainment companies, board members and C-suite executives about the need to be proactive when confronted with allegations of harassment or other workplace misconduct.

Features

Walking the Fine Line of Fair Use: The Second Circuit's Decision in <i>Fox News v. TVEyes</i> Image

Walking the Fine Line of Fair Use: The Second Circuit's Decision in <i>Fox News v. TVEyes</i>

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 24/7. That's exactly what media-monitoring service TVEyes did. There was no dispute that TVEyes had copied Fox News's content. Instead, the issue was whether TVEyes's service constituted fair use.

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