Columns & Departments
Development
Contract Vendee Lacks Standing to Challenge Denial of Permit Application Board's Denial of Site Plan Approval Invalidated Inadequate SEQRA Review Requires Denial of Site Plan Approval
Columns & Departments
Real Property Law
Prescriptive Easement Counterclaim Dismissed Implied Easement Claims Rejected Questions of Fact Preclude Summary Judgment on Adverse Possession Claim Broker Failed to Establish Implied Contract Questions of Fact Remained About Whether Encroachment Was De Minimus
Features
Second Circuit Erects Barriers to Due Process When Challenging Permit Denials
Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.
Features
Band Name Rights at Center of Battle Between Founding Isley Brothers
A current dispute over a band name that's worth tracking is one between two founding members of "The Isley Brothers," the legendary r&b group, that focuses on what happens to ownership of the band name rights when one member stops performing with the group but continues to be involved in its business affairs.
Features
What Is Property for Due Process Purposes?
Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.
Features
DIP Financing and Liens On Avoidance Actions
The Eighth Circuit's decision in Simply Essentials has practical significance for Chapter 11 debtor in possession (DIP) lenders. U.S. Trustees and unsecured creditors regularly object to the granting of liens on avoidance actions, but this and other appellate rulings should now eliminate the purported legal obstacle.
Columns & Departments
Landlord & Tenant Law
Questions of Fact About Whether Tenant Exercised Renewal Option Hearing Necessary to Determine Whether Landlord Can Remove Tenant to Complete Restoration Work Questions of Fact About Landlord Fraud Additional Security Deposit Constitutes Source of Income Discrimination
Features
How D.C. Fed. Court Denied Copyright to AI-Created Artwork
The U.S. District Court for the District of Columbia recently upheld a final refusal by the U.S. Copyright Office to register a visual work that was "autonomously created by a computer algorithm running on a machine," which the plaintiff called the Creativity Machine and identified as the "author" of the work.
Features
Federal District Court Denies Copyright to AI-Generated Art Piece
Recognizing that U.S. "copyright law protects only works of human creation," the court determined that the Copyright Office "acted properly in denying copyright registration for a work created absent any human involvement."
Columns & Departments
Real Property Law
Questions of Fact Remain About Width of Easement Transfer Invalidated As Fraudulent Transfer Cotenant's Operation of Mine Not Enjoined Homeowners Association Lacked Standing to Enforce Covenant Easement Holder Liable for Trespass After Easement Was Extinguished
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