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Parent of Secured Creditor Does Not Automatically Gain Secured Status
May 01, 2020
The ruling in In re Jarvis that the grant of a security interest to a corporate lender will not necessarily "spread" that security interest to the lender's affiliates underscores the need for precision and care in the drafting of loan documents, particularly with respect to the granting language contained in security agreements.
Bit Parts
May 01, 2020
Copyright Termination Claims Found Timely, But Loan-Out Companies Can't Terminate Copyright Assignments Judge Unhappy With Damon Dash's Trial Behavior New York Federal Court Sees No Copyright Infringement or False Endorsement in Use of Mural in Film
Legal Tech: 7 Steps to Make Your E-Discovery Process Pandemic and Recession-Ready
May 01, 2020
For the legal profession in general, and e-discovery specifically, one of the biggest ways a recession is felt is through litigation budget pressure. To weather a recession, we need to be prepared to do more with fewer resources.
Personal Guaranty of Commercial Lease Held Discharged in Guarantor's Bankruptcy
May 01, 2020
As we prepare for the anticipated increase in bankruptcy filings caused by the COVID-19 pandemic's impact on the economy, many practitioners are trying to compare this to the savings and loan crisis of the late 1980s. One of the issues that keeps coming up cycle after cycle is whether a personal guaranty of a commercial lease is discharged in the bankruptcy of the individual guarantor. Court decisions have split on this issue for years.
Judge Warns Facebook in Approving Record $5B Fine for Alleged Privacy Violations
April 24, 2020
The Judge Pointed Out that Some FTC Commissioners Wanted to Specifically Sanction Facebook Founder Mark Zuckerberg for the Company Sharing Private User Data With Outside Parties A federal judge in Washington, DC, signed off on a record $5 billion fine imposed by the U.S. Federal Trade Commission on Facebook for allegedly violating federal law and a previous order with its privacy practices.
Challenge to Property Tax Rejected
April 01, 2020
No one disputes that the property tax system in New York City is byzantine. In Tax Equity Now LLC v. City of New York, the First Department confronted what it viewed as a very different question: is it illegal. The court concluded that it is not, rejecting a variety of claims and leaving any reform to the legislature.
Real Property Law
April 01, 2020
Equitable Mortgage Enjoys Priority over Mortgage Recorded After Filing of Notice of Pendency Purchaser from Church Not Entitled to Specific Performance Questions of Fact Preclude Summary Judgment on Prescriptive Easement Claims Hearing Necessary to Determine Whether Mortgagee De-Accelerated Mortgage
Landlord & Tenant Law
April 01, 2020
Loft Board Lacks Authority to Supervise Legalization Once Tenants Withdraw Application Tenant Entitled to Relief from Failure to Timely Exercise Renewal Option
Development
April 01, 2020
Neighbor Has Standing to Seek Damages for Violation of Zoning Ordinance
Co-ops and Condominiums
April 01, 2020
Co-op Entitled to Attroneys' Fees

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