Features
Evolving Court Views on Content Embedding
Recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders that entertainment industry professionals should note.
Columns & Departments
Development
Denial of Site Plan Application Upheld Issuance of State Permit Does Not Preclude Village's Nuisance Claim Against Waste Disposal Facility
Features
Unseating Inelegant Notions of Product Design Functionality
In Blumenthal Distributing, Inc. v. Herman Miller, Inc., the 9th Circuit considered whether or not the or not the best-selling piece of furniture ever is functional.
Features
Settling COVID-19-Related Commercial Lease Disputes
This article examines how shutdown actions might be approached and resolved by settlement by applying a series of contract performance doctrines that inevitably arise during these types of situations.
Features
SCOTUS Set to Address Circuit Split in Interpreting CFAA
The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power — and makes defense counsel and judges uneasy. The meaning of "or exceed[ing] authorized access" is not so clear.
Features
Tenth Circuit Ruling May Impact Treatment of Student Loans In Bankruptcy
A recent ruling in the U. S. Court of Appeals for the Tenth Circuit represents a significant departure from the generalized belief that student loan debts cannot be discharged in bankruptcy, and which, if followed by other circuit courts, could have a dramatic impact on bankruptcy law.
Columns & Departments
Co-ops & Condominiums
RPAPL 881 License Granted to Enter Neighboring Condominium Unit Allocation of Common Expenses Upheld Condominium Owners Have Right to Vote On Matters Involving Homeowners Association Appointment of Receiver Upheld
Columns & Departments
Real Property Law
Possibility of Reverter Enforced Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default
Features
Hot Legal Litigation Topics for Advertisers and Marketers in 2020
The COVID-19 pandemic pushed brands headlong into e-commerce. Certain advertising and marketing practices led to litigation in 2020. Brands and their legal counsel should target these hot topics for legal vetting and risk mitigation as we move forward into 2021.
Features
Biden Administration May Bring Uptick In White-Collar Work
With a change in priorities, and issues such as health care, climate and another stimulus package potentially on the agenda for President-elect Joe Biden, white-collar defense lawyers anticipate an uptick in enforcement work.
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