Columns & Departments
Real Property Law
Historic District Designation Not Covered By Title Insurance Liquidated Damages Provision Not an Unenforceable Penalty
Columns & Departments
Landlord & Tenant Law
Unsigned Lease Agreement Not Binding Requirement That Tenants Speak English Supports Fair Housing Act Claim Nonpayment During Pandemic Not Excused By Lease's Casualty Clause Tenant's Diligent Efforts to Convert Property Satisfied Lease Obligation
Columns & Departments
Development
No Automatic Entitlement to Special Permit Adverse Impact on Burial Sites Justified Variance Denial Area Variance Denial Upheld Special Permit Grant Reinstated
Columns & Departments
Co-ops and Condominiums
Nonprofit Has Standing to Challenge Condominium's Alleged Violation of Fair Housing Act
Features
Right to Funds from Sale of Tax Credits At Issue In Litigation Between Production Companies
State tax credits are valuable tools for helping meet the costs of producing films, TV shows, commercials, and other media and entertainment productions. But if more than one production company is involved with a project, a legal dispute can arise over which company owns the right to the tax credit funds.
Features
Malpractice Claim Over Prince Tracks Is Governed by Massachusetts Law
The Mass. Appeals Court ruled that a legal malpractice claim brought by representatives of the iconic musician Prince's estate against an attorney and his firm is governed by Massachusetts, not Minnesota, law.
Features
Defamation Cases Against Netflix, Funimation Have Different Outcomes
Defamation litigation crops up often in the entertainment industry. Two recent Texas Court of Appeals opinions raise issues worth noting in such cases, though each of the Texas decisions had different outcomes.
Features
Pitfalls of the Attorney-Client Privilege
The attorney-client privilege is a critical component in the legal process but its protection is constantly being challenged in complicated corporate investigations. There are measures that attorneys should, where possible, take steps to mitigate the risk of losing the privilege.
Features
Criminal Considerations In Trade Secrets Disputes
Part One of a Three-Part Series When the international theft of U.S. trade secrets escalated and became a higher priority for domestic entities, trade secrets owners faced difficult challenges in collecting evidence, pursuing civil actions against overseas actors, and successfully obtaining worthwhile and meaningful relief from civil actions alone. These challenges ultimately resulted in increased referrals, investigations, and prosecutions of trade secrets theft under the EEA by federal authorities.
Features
The Benefits of Subchapter V — But Are You Guaranteed to Stay?
Although Subchapter V may create a clearer path to confirmation, debtors must be aware of, and (absent an extension by the court) comply with, the more stringent timing requirements, such as the requirement of filing a plan within 90 days after filing bankruptcy.
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