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Development

New York Real Estate Law Reporter Staff

Fact Questions About Expansion of Nonconforming Use Subdivision Improperly Classified As Type II Action Under SEQRA ZBA Entitled to Approve Permit for Building Larger Than One Depicted In Approved Site Plan

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Tenant's Early Termination Entitled Landlord to Rent Questions of Fact About Landlord's Intention to Convey Leasehold to Individual

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Quiet Title Action Subject to Statute of Limitations Foreclosure Sale Purchasers Not Subject to Claim By Former Owners Specific Performance Denied Because Buyer Did Not Establish That It Was Ready to Close

Features

How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin Claims Image

How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin Claims

Howard Shire & Sean McConnell

On June 29, 2023, the U.S. Supreme Court set new geographic limits for infringement and false designation of origin claims raised under Sections 1114 and 1125(a) of the Lanham Act. Given the global nature of business today, the decision highlights the need for trademark owners to continually reassess and, perhaps, expand their international trademark registration strategy as product lines and brands become more international in scope.

Features

Force Majeure Clauses Are Taking Center Stage In Uncertain Times Image

Force Majeure Clauses Are Taking Center Stage In Uncertain Times

Michelle Davis

Force majeure is lurking in the shadows of the Hollywood strikes, offering struggling studios a potential lifeline out of debt. But the best attorneys and the strongest contracts are proactive, rather than reactive. Thus, consider the following drafting tips to strengthen your force majeure language now, in the calm before the next storm.

Features

Bankruptcy Risk and Fraud In Cryptocurrency Image

Bankruptcy Risk and Fraud In Cryptocurrency

J. Eric Wise

Among the risks of cryptocurrency exchanges are bankruptcy risk and fraud, including: the inalienability of account claims, holding an unsecured claim versus an entitlement to the return of coin, and bankruptcy preference risk.

Features

Bankruptcy Court Says Bankruptcy Case Is 'Filed' When Uploaded, Not Stamped Image

Bankruptcy Court Says Bankruptcy Case Is 'Filed' When Uploaded, Not Stamped

Lawrence J. Kotler & Drew S. McGehrin

The U.S. Bankruptcy Court for the Southern District of New York summed up the importance of the determination as to when a bankruptcy case is actually filed of record, thereby triggering the imposition of the automatic stay and found that the "upload" time of a bankruptcy filing — and not the time physically "stamped" on a bankruptcy petition — determines when a case is commenced. In doing so, the Bankruptcy Court offered direction and guidelines that debtors and creditors will be well advised to observe in future cases.

Features

Termination Notices and Copyright Act Claims Accruals Image

Termination Notices and Copyright Act Claims Accruals

Thomas Kjellberg & Robert W. Clarida

Termination is not automatic. It may be effected only through affirmative action on the part of the author or his or her statutory successors, who must serve an advance notice, signed by or on behalf of all of those entitled to terminate the grant, on the current copyright owner within specified time limits and under specified conditions.

Features

Fourth Circuit Ruling Underscores Judicial Divide On Use of 'Texas Two-Step' Image

Fourth Circuit Ruling Underscores Judicial Divide On Use of 'Texas Two-Step'

Avalon Zoppo

A sharply divided U.S. Court of Appeals for the Fourth Circuit ruling shielding a nondebtor in bankruptcy proceedings from asbestos lawsuits underscores the wider and growing divide among judges across the country on the bounds of Chapter 11 protection and corporations' use of the "Texas two-step" to address mass tort litigation.

Features

White-Collar Practitioners Weigh In On Defending Trump Indictments Image

White-Collar Practitioners Weigh In On Defending Trump Indictments

Brad Kutner

They say every defendant deserves an attorney, and that surely includes a former president, but how does a lawyer defend someone facing multiple indictments in multiple districts all while they're running a campaign to return to the White House? Several white-collar defense attorneys who spoke with Business Crimes Bulletin's ALM sibling The National Law Journal have some ideas.

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