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Real Property Law Image

Real Property Law

NYRE Staff

Historic District Designation Not Covered By Title Insurance Liquidated Damages Provision Not an Unenforceable Penalty

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

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 Image

Development

NYRE Staff

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 Image

Co-ops and Condominiums

NYRE Staff

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 Image

Right to Funds from Sale of Tax Credits At Issue In Litigation Between Production Companies

Stan Soocher

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 Image

Malpractice Claim Over Prince Tracks Is Governed by Massachusetts Law

Colleen Murphy

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 Image

Defamation Cases Against Netflix, Funimation Have Different Outcomes

Adolfo Pesquera

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 Image

Pitfalls of the Attorney-Client Privilege

Jonathan S. Feld & Lisa M. Burnett

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 Image

Criminal Considerations In Trade Secrets Disputes

Jeffrey A. Pade & Anand B. Patel

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? Image

The Benefits of Subchapter V — But Are You Guaranteed to Stay?

Sean C. Kulka

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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