Features
As It Turns Out, <i>Yellowstone</i> Waivers Are Enforceable
Four years ago, we explored whether a commercial tenant could waive its common law right to seek a <i>Yellowstone</i> Injunction. At that time, there was no appellate authority directly on point. This all changed on Jan. 31, 2018, when the Appellate Division, Second Department ruled in <i>159 MP Corp., v Redbridge Bedford, LLC</i> that the “commercial tenants' voluntary and limited waiver of declaratory judgment remedies in their written lease is valid and enforceable, and not violative of New York's public policy …”
Features
The Ripple Effect of Rejecting Trademark Licenses
<b><i>The First Circuit Widens the Controversy</b></i><p>In <i>In re Tempnology</i>, the First Circuit held that the debtor's rejection of a trademark license strips the nondebtor licensee of any right to continue to use the trademarks. In so doing, the court takes the same approach as the Fourth Circuit and rejects the approaches advocated by the Third and Seventh Circuits.
Columns & Departments
Real Property Law
No Tacking of Adverse Possession Claims<br>Issues of Fact Preclude Injunction Requiring Removal of Encroachments<br>Statute of Limitations Bars Foreclosure Claim<br>Permission Bars Prescriptive Easement Claim
Features
Meet the Lawyer Working on Inclusion Rider Language
At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
Features
<i>Simon v. Starbucks</i>: Preliminary Injunction Granted to Prevent Store Closings
While the court will not have the opportunity to rule on the merits of the case, the facts relied upon by the Indiana Superior Court and the conclusions reached in rendering its decision are still instructive for practitioners drafting continuous-use provisions and advising clients on potential breaches or anticipatory breaches of such provisions.
Features
SCOTUS: No Safe Harbor Protection Where Financial Institutions are Mere Intermediaries
The Supreme Court's decision and analysis are instructive for both bankruptcy and corporate practitioners, and will likely yield significant returns for estate beneficiaries.
Features
Regulating Interior Landmarks: New York Court Says Duties Don't End
What powers does the New York City Landmarks Preservation Commission have to require a building owner to maintain a mechanical clock located in the interior of a building? In <i>Save America's Clocks, Inc. v. City of New York</i>, New York's Appellate Division, First Department, held that the Commission had power to require maintenance of the clock, and to require public access to it.
Columns & Departments
Counsel Concerns: Ambiguous Offer for Daddy Yankee to Settle Suit Ends in Attorney Fees Denial
Attorneys who sued “Despacito” artist Daddy Yankee for defamation should have heeded the song's title and drafted their settlement offer slowly, a federal appellate court ruled.
Features
How Ticket Software Lost Trade Secret Protection
Trade secret protection applies only to confidential information. In almost all circumstances, broadcasting to the world the intricate details and applications of a trade secret extinguishes whatever “property right” an entertainment industry holder once possessed. What is a sufficient method of contractually notifying a software user of the trade secret status of certain information is a closer question.
Columns & Departments
Cooperatives & Condominiums
Questions of Fact Bar Summary Judgment in Condominium's Claim for Improper Alterations<br>Sponsor Did Not Breach Purchase Contract<br>Unit Owners Did Not Have Exclusive Right to Elevator Shaft
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