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Development

New York Real Estate Law Reporter Staff

ZBA's Abandonment of Its Prior Determination Invalid Denial of Area Variance Upheld Lease of Town Property Upheld; Property Not Subject to Public Trust East Side Rezoning Upheld Against SEQRA Challenge

Features

USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness Image

USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness

Rob Maier

The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.

Features

Retirement Succession Can Hedge Against the Risks of Lateral Partner Acquisition Image

Retirement Succession Can Hedge Against the Risks of Lateral Partner Acquisition

David Wood

Increasingly, law firms rely upon acquiring lateral partners and practice groups to grow revenue more quickly than they can by increasing output with existing talent. With this kind of money at stake, a prudent firm is constantly on the lookout for ways to hedge against the risks of acquiring laterals. Implementing an effective retirement succession program is one of them.

Features

Regulators Want AI Companies to Respect Antitrust and Consumer Protection Laws Image

Regulators Want AI Companies to Respect Antitrust and Consumer Protection Laws

Karen Hoffman-Lent & Kenneth Schwartz

The new era of AI technology has ushered in competition concerns alongside consumer-protection fears. Accordingly, regulators and lawmakers are taking note of the AI craze and are keen on ensuring that companies involved in AI are respecting both antitrust and consumer protection laws.

Features

"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight Image

"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight

David G. Kim & Michael K. Friedland

The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.

Features

Don't Get Caught Holding a Conditional Loan Approval at Closing Image

Don't Get Caught Holding a Conditional Loan Approval at Closing

Matthew Kramer

With rising interest rates and more stringent lending standards for both residential and commercial properties, security deposit disputes caused by buyers' inability to satisfy pre-closing purchase-financing conditions are also increasing.

Features

Ninth Circuit Bankruptcy Appellate Panel: 523(a) Discharge Exceptions Don't Apply to Corporate Debtors Under Subchapter V Image

Ninth Circuit Bankruptcy Appellate Panel: 523(a) Discharge Exceptions Don't Apply to Corporate Debtors Under Subchapter V

Lawrence J. Kotler & Elisa Hyder

In Lafferty v. Off-Spec Solutions, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit held that the discharge exceptions under Section 523(a) do not apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.

Features

It's Time for Lawyers to Return to the Office 5 Days a Week Image

It's Time for Lawyers to Return to the Office 5 Days a Week

J. Mark Santiago

It's time for attorneys to return to the office on a five day a week schedule. There is significant evidence that shows remote learning is not as effective as in-person instruction.

Features

New York's Seldom Used Expedited Money Judgment Mechanism: CPLR 3213 Image

New York's Seldom Used Expedited Money Judgment Mechanism: CPLR 3213

Massimo F. D'Angelo & Gregory Wong

In New York state and local court cases, there is a seldom-used procedural mechanism for obtaining an expedited money judgment against a guarantor. This article provides an overview of CPLR 3213 motions, an update on the resolution of the split that previously existed between the New York State Supreme Court, Appellate Division, First and Second Departments, and practical guidance for transactional counsel drafting commercial leases and guaranties.

Features

Determining Ownership Rights of Social Media Accounts Image

Determining Ownership Rights of Social Media Accounts

Dyan Finguerra-DuCharme, Felicity Kohn & Abla Belhachmi

This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.

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