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Features

Government Secret Recording of Interviews Rarely In Best Interests of Witness Image

Government Secret Recording of Interviews Rarely In Best Interests of Witness

Joel Cohen

Secretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.

Columns & Departments

Development Image

Development

NYRE Staff

Zoning Amendment Did Not Lapse

Features

How NY Courts Find Copyright Preemption of State Law Claims Image

How NY Courts Find Copyright Preemption of State Law Claims

Stan Soocher

Under §301 of the U.S. Copyright Act, state law claims that are "equivalent" to exclusive rights in copyrights granted by federal law are preempted by the federal statute. To survive preemption, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim.

Features

Activision Trial Counsel Discusses Case About Video Game Character Image

Activision Trial Counsel Discusses Case About Video Game Character

ssalkin

Activision Blizzard and a trial team led by San Francisco-based Durie Tangri partner Daralyn Durie recently faced down a $400 million copyright suit in the Eastern District of Texas. In this Q&A, Durie talks about the strategy and the theatrics of the four-day trial.

Features

Fear of Unknown In Force Majeure Litigation Prompting Settlements Image

Fear of Unknown In Force Majeure Litigation Prompting Settlements

Charles Toutant

Since the pandemic began, lawyers have been using the coronavirus to justify nonpayment of rent, construction delays and even termination of labor contracts. But the prospect of litigating a contract cancellation based on force majeure is still so fraught with peril that many breach-of-contract disputes end in an amicable resolution.

Features

Legislature Modifies HSTPA to Assist Co-ops Image

Legislature Modifies HSTPA to Assist Co-ops

Jeffrey Schwartz & Mark Hakim

In June, New York's lawmakers approved amendments to the Housing Stability and Tenant Protection Act, exempting cooperative corporations from some of the most onerous provisions, and clarifying others. Once signed, the new legislation will not only be a huge victory for the thousands of cooperative apartment buildings but also for many potential purchasers who were unable to purchase in those buildings as a result of the Act.

Features

Sorting Through the Trump Financial Documents: eDiscovery Lawyer Tells How Prosecutors Search For Clues Image

Sorting Through the Trump Financial Documents: eDiscovery Lawyer Tells How Prosecutors Search For Clues

Nicholas Gaffney

A Q&A with Bobby Malhotra of Munger, Tolles & Olson LLP, Los Angeles.

Features

Baron Cohen Lawyers on Winning Ruling In Judge Moore's Defamation Suit Image

Baron Cohen Lawyers on Winning Ruling In Judge Moore's Defamation Suit

Ross Todd

In a defamation suit brought by former Alabama Chief Justice Roy Moore, a Federal District Judge recently ruled that a release Judge Moore signed prior to his appearance on the satirical Showtime series Who is America? barred precisely the sorts of claims he was bringing. In this Q&A, Baron Cohen's attorneys discuss the case.

Features

Olympic Swimmer's Counsel on Client's Legal Concerns Image

Olympic Swimmer's Counsel on Client's Legal Concerns

Melea VanOstrand

When 2020 came and went without the Tokyo Olympics, due to the COVID-19 pandemic, lawyer Alan Fertel watched as many of the sponsorships and deals he'd negotiated for one of the world's fastest swimmers — now Tokyo Olympics Gold medal winner Caleb Dressel — expired.

Features

Frustration-of-Purpose Use In Commercial Leases During the Pandemic Image

Frustration-of-Purpose Use In Commercial Leases During the Pandemic

Joshua Wurtzel

The use of the frustration-of-purpose doctrine to absolve commercial tenants of their obligation to pay rent could signal headwinds for the commercial real estate market — and the economy more generally.

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