Fifth Circuit Rejects Majority 'Independent Economic Value' Test for Infringement Damages
November 01, 2024
Most of the federal circuit courts that have addressed what qualifies either as a "compilation" or as a single creative work apply an "independent economic value" analysis that looks at the market worth of the single creation as of the time when an infringement occurs. But in a recent ruling of first impression, the Fifth Circuit rejected the "independent economic value" test in determining which individual sound recordings are eligible for their own statutory awards and which are part of compilation.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
November 01, 2024
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Individual Liability of Condominium Sponsor's Principals
November 01, 2024
When are the principals of a condominium sponsor individually liable for harms suffered by purchasers? In Board of Managers of 570 Broome Condominium, the First Department declined to dismiss a condominium board's fraud and breach of fiduciary claims against individual defendants.
Compliance and Third-Party Risk Management
November 01, 2024
To gauge the level of risk and uncover potential gaps, compliance and privacy leaders should collaborate to consider how often they are monitoring third parties, what intelligence they are gathering with and about their partners and vendors, and whether their risk management practices have been diminished due to cost and resource constraints.
Slight Decrease In Commercial Foreclosures Hints at Market Stabilization
November 01, 2024
While the commercial real estate market faced significant headwinds in 2024, recent data suggests that the tide may be turning. The combination of lower interest rates, a decline in foreclosures, and improving market conditions offers a glimmer of hope for property owners and investors alike.
Development
November 01, 2024
Landowner Did Not Establish Nonconforming Use Protection
Zoning Board of Appeals Misconstrued Town Code Definition
NYU Has Standing to Challenge Zoning Amendment
Top 5 Strategies for Managing the End-of-Year Collections Frenzy
October 01, 2024
End of year collections are crucial for law firms because they allow them to maximize their revenue for the year, impacting profitability, partner distributions and bonus calculations by ensuring outstanding invoices are paid before the year closes, which is especially important for meeting financial targets and managing cash flow throughout the firm.
