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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

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Statements By Condo Board Members Cloaked In Common Interest Privilege Shareholder Entitled to Maintenance Abatement for Breach of Warranty of Habitability

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Deference to Trial Court's Determination on Mortgage Priority No Broker Commission for Sale After Expiration of Tail Period Co-Owner Who Did Not Execute Mortgage Not Subject to Equitable Lien By Mortgagee Insufficient Evidence of Delay to Support Laches Defense Against Claim to Set Aside Deed As a Forgery Statements Did Not Defeat Hostility In Adverse Possession Claim

Features

UPDATE: Did the Supreme Court's 'Arthrex' Decision Open Pandora's Box? Image

UPDATE: Did the Supreme Court's 'Arthrex' Decision Open Pandora's Box?

Robert E. Browne, Jr. & Ryan C. Deck

In June 2021, the Supreme Court ruled in U.S. v. Arthrex that the statutory scheme appointing Patent Trial and Appeal Board administrative patent judges to adjudicate IPRs violates the appointments clause of the U.S. Constitution. Specifically, the Court concluded that because APJ decisions in IPR proceedings are not reviewable by a presidentially appointed and Senate-confirmed officer, such determinations are not compatible with the powers of inferior officers. The PTO later decided that it would not accept requests for director review of institution decisions. This policy is now also being questioned in Arthrex's wake.

Features

Proper Notice of Trademark Rights: Using Trademark Symbols for Three-Dimensional Packaging and Product Designs Image

Proper Notice of Trademark Rights: Using Trademark Symbols for Three-Dimensional Packaging and Product Designs

Stephen Lott & Lauren Gregory

Among the most common questions trademark attorneys are asked is what the differences are between the symbols ®, TM, and SM. When should such symbols should be used? Where should they appear? How frequently? Do they even need to be used at all?

Features

What's Happening With Productions Tax Credit In GA? Image

What's Happening With Productions Tax Credit In GA?

Mason Lawlor

In recent years, the Peach State has become one of the most popular spots for film companies. However, the state General Assembly's action with regarding one bill and inaction with regard to another have threatened to harm the entertainment industry.

Features

State Law Requiring Offer to License Conflicts With Copyright Act Image

State Law Requiring Offer to License Conflicts With Copyright Act

Allison Dunn

A federal judge has sided with the Association of American Publishers (AAP), finding in June that a recently enacted Maryland library e-book law conflicts with federal copyright laws.

Features

2d Cir. Arguments In Judge Moore's Defamation Case Against Baron Cohen Image

2d Cir. Arguments In Judge Moore's Defamation Case Against Baron Cohen

Jane Wester

Attorneys for former Alabama U.S. Senate candidate Roy Moore and the comedian Sacha Baron Cohen appeared before the U.S. Court of Appeals for the Second Circuit in June, with Moore's attorney Larry Klayman urging the three-judge panel to reverse the district court ruling dismissing a lawsuit Moore filed.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

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