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One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art? Image

One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art?

Robert W. Clarida & Thomas Kjellberg

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 Image

Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages, Ninth Circuit Rules

Stan Soocher

How far back from accrual of a claim may a plaintiff reach for copyright damages?

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Shareholder Not Entitled to Withhold Maintenance Payments for Habitability Breach

Features

Second Circuit Insulates Innocent Friend from Corporate Debtor's Fraudulent Transfer Liability Image

Second Circuit Insulates Innocent Friend from Corporate Debtor's Fraudulent Transfer Liability

Michael L. Cook

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 Image

IP News

Howard Shire & Stephanie Remy

Copyright Standing and Fifth Circuit Trade Dress Factors

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE STaff

Class Certification Appropriate for Claim of Improper Deregulation

Features

High M&A Activity In CRE Expected to Continue, Despite Sky-High Pricing Image

High M&A Activity In CRE Expected to Continue, Despite Sky-High Pricing

Lynn Pollack

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 Image

Bit Parts

Stan Soocher

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? Image

When Do COVID-19 Shutdown Orders Excuse Lease Guarantors?

Stewart E. Sterk

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 Image

Landlord & Tenant Law

NYRE Staff

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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