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Extra-Judicial Evictions of Commercial Tenants During COVID-19 Image

Extra-Judicial Evictions of Commercial Tenants During COVID-19

Adam Leitman Bailey & John M. Desiderio 

This article addresses and updates the law on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants.

Columns & Departments

Real Property Law Image

Real Property Law

Stewart Sterk

Stranger to the Deed Rule Does Not Bar Easement Claim Misconduct By Mortgagor's Lawyer Voids Foreclosure Sale Permissive Exclusive Use of Common Driveway Does Not Extinguish Easement Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default

Features

USPTO Sets Precedent on Collective Patent Defense Groups with RPX Ruling Image

USPTO Sets Precedent on Collective Patent Defense Groups with RPX Ruling

Scott Graham

It took two years and a last-minute substitution of judges for the U.S. Patent and Trademark Office (USPTO) to rule that RPX Corp. was too close to a dues-paying member to bring a patent validity challenge.

Features

2020 Provides Roadmap for Success in 2021 Image

2020 Provides Roadmap for Success in 2021

Erika Morphy

If commercial real estate is going to have a successful 2021, it will require the ability to seek out unexpected advantages.

Features

Implications of Transfer of Attorney-Client Privilege In Bankruptcy Cases Image

Implications of Transfer of Attorney-Client Privilege In Bankruptcy Cases

Andrew C. Kassner & Joseph N. Argentina Jr.

One of the most misunderstood areas of law for non-bankruptcy and bankruptcy attorneys alike is the attorney-client privilege, including the scope of the privilege, who holds it, and when and by whom it can be waived. As is often the case, in bankruptcy, additional complexities arise.

Features

Second Circuit Ruling on Personal Benefit Test Widens Scope of Criminal Insider Trading Image

Second Circuit Ruling on Personal Benefit Test Widens Scope of Criminal Insider Trading

Robert J. Anello & Richard F. Albert

The holding in Blaszczak significantly widens the scope of criminal insider trading. It also creates the anomaly of extending the criminal law beyond the SEC's civil enforcement authority.

Columns & Departments

IP News Image

IP News

Joshua R. Stein & Jeff Ginsberg

Federal Circuit: Post-Employment Assignment Clause Void Under California Law Federal Circuit No New Trial for Improper "Pennies on the Dollar" Rhetoric

Features

Bankruptcy Court Responses to COVID-19 Relief Orders Image

Bankruptcy Court Responses to COVID-19 Relief Orders

Richard Levy Jr.

The economic impact of COVID-19-related shutdown orders, and the governmental directives, raise questions of how bankruptcy courts will respond.

Features

Fair Use Applied to Embedded Photograph Image

Fair Use Applied to Embedded Photograph

Stephen M. Kramarsky

The extremely flexible character of social media has required equal flexibility in courts' intellectual property analysis. Happily, under U.S. copyright law, that kind of flexibility is possible.

Features

'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic? Image

'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic?

Warren A. Estis & Alexander Lycoyannis 

As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.

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