Features
One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art?
On July 7, 2022, the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, which began by posing the following question: "Can a banana taped to a wall be art?"
Features
Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages, Ninth Circuit Rules
How far back from accrual of a claim may a plaintiff reach for copyright damages?
Columns & Departments
Co-ops and Condominiums
Shareholder Not Entitled to Withhold Maintenance Payments for Habitability Breach
Features
Second Circuit Insulates Innocent Friend from Corporate Debtor's Fraudulent Transfer Liability
The defendant "was a 'mere conduit' of [a] fraudulent transfer and cannot be liable to the bankruptcy estate for funds she never knew about," held the U.S. Court of Appeals for the Second Circuit in In re BICOM N.Y., LLC.
Columns & Departments
IP News
Copyright Standing and Fifth Circuit Trade Dress Factors
Columns & Departments
Landlord & Tenant Law
Class Certification Appropriate for Claim of Improper Deregulation
Features
High M&A Activity In CRE Expected to Continue, Despite Sky-High Pricing
Merger and acquisition activity across the CRE spectrum is likely to continue to be high, though deals will likely be concentrated across the industrial and residential sectors, according to Deloitte.
Columns & Departments
Bit Parts
Nashville Federal Court Decides Spotify CEO Daniel Ek Must Sit for Deposition in Copyright Licensing Dispute Over Streaming of Eminem Songs
Features
When Do COVID-19 Shutdown Orders Excuse Lease Guarantors?
Section 22-1005 of the New York City Administrative Code provides relief for individuals who guaranteed commercial leases when the tenant defaulted as a result of government orders issued during the early days of the COVID-19 pandemic. In recent months, however, litigation has emerged about the scope of that relief.
Columns & Departments
Landlord & Tenant Law
Questions of Fact Remain About Whether Landlord Had Released Corporate Tenant from Liability Yellowstone Injunction Does Not Require Proof of Likelihood of Success Guaranty Expired With Tenant's Initial Lease Term Illegal Use Does Not Preclude Rent Stabilization Status Guarantor Immunity Does Not Apply to Pre-COVID Breaches Class Certification Appropriate for Claim of Improper Deregulation
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