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Municipality's Refusal to Permit Expansion of a Pre-Existing Nonconforming Use Doesn't Violate Constitution
June 01, 2023
Can a municipality's refusal to permit expansion of a pre-existing nonconforming use constitute a federal constitutional violation? The federal district court for the Eastern District of New York faced that question and awarded summary judgment to the municipality, rejecting the landowner's substantive due process and takings claims.
All Is Not Fair In Love and Warhol
June 01, 2023
A new balance must be struck between the new use and the exclusive right of authors to make derivative works, and part of that balance includes a clearer focus on the statutory fair use factors as well as the commercial nature or not of the new work. As a practical matter, how much the decision changes in this "troublesome" area remains to be seen.
Law Firms Saw Moderate Revenue Growth In Q1 Despite Challenging Demand Environment
June 01, 2023
Strong inventory levels at the end of 2022 helped the law firm industry post moderate average revenue growth during the first quarter of 2023, though the demand environment remains challenging for law firms.
5 Most Commonly Required Guaranties In Commercial Real Estate Loans
June 01, 2023
In general, commercial real estate loans are non-recourse in nature and the lenders ultimately look to their collateral for the satisfaction of the borrowers' obligations if the loan goes into default. However, lenders typically require guaranties from individuals or entities, making the guarantors personally liable for certain obligations.
Will Section 230 Protect AI Chatbots?
June 01, 2023
The lack of answers from the Supreme Court regarding the scope of Section 230 of the 1996 Communications Decency Act comes at a time when legal questions around generative AI are mushrooming.
ITC General Exclusion Orders Targeting All Importers Are On the Rise
June 01, 2023
In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For importers of products potentially implicated by a requested GEO, the GEO can be a major threat even if the importer is not a respondent in the case.
Generative AI and Patent Considerations
June 01, 2023
A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments.
Lease Terminations As Fraudulent Transfers
June 01, 2023
Is an insolvent debtor's pre-bankruptcy termination of a commercial lease a fraudulent transfer? The circuit courts seem to be split, however a close reading of cases in the Third and Seventh Circuits shows that the reasoning of both courts can be reconciled on their facts.
IP Considerations for ITC General Exclusion Orders
June 01, 2023
In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For IP owners facing infringing imported products from numerous elusive sources, a GEO can be a powerful remedy to tackle all infringing products at once.
Fresh Filings
June 01, 2023
Notable court filings in entertainment law.

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