Limiting the Covenant of Quiet Enjoyment
April 01, 2016
Landlord shall assure Tenant of quiet enjoyment and possession of the Premises, and Tenant shall enjoy all rights herein granted without interference." This type of clause, in one form or another, is likely to be found in any commercial lease. This article discusses some considerations for drafting this covenant, including ways by which a landlord may limit its scope.
Checklist and Commentary on Defenses for Right of Publicity Claims
April 01, 2016
How courts are determining the parameters of an enforceable right of publicity is a highly active area of entertainment law. There should be a uniform set of defenses to a right of publicity claim. But under existing case law, the right of publicity is schizophrenic; some courts let the cause of action overflow its intended banks, swamping all that lies before it, including the First Amendment, while other courts neuter the action into non-existence.
Equity Crowdfunding
April 01, 2016
There has been a great deal of media attention the past several years about the JOBS Act. It has various components that do various things. The aspect of the JOBS Act that has the potential to touch the largest number of Americans is Title III (Crowdfunding).
The Learned Intermediary Doctrine: Uniformity at Last?
April 01, 2016
State and federal courts have long faced the difficulty of adapting purchaser-focused product liability doctrines to the pharmaceutical and medical device areas, where physicians mediate the interaction between the manufacturer and the ultimate consumer, the patient.The learned intermediary doctrine addresses this dilemma by providing that manufacturers of prescription medicines need warn only physicians of the relevant risks associated with their products.
<b><i>In the Spotlight:</i></b> Exclusive Use Provisions
April 01, 2016
When grocery store giant Winn-Dixie Stores Inc. found itself in competition with dollar stores that were leasing premises in the same shopping complexes, it brought suit for violation of exclusive-use provisions in its leases. The surprise was that Winn-Dixie sued not its landlords, but the three dollar store chains operating in the pertinent 100+ shopping centers!
The Coming Tsunami in the Legal Profession
April 01, 2016
There have been four waves of change over the last 50 years. We are now entering the fifth wave and this one will be a tsunami. The lawyers who do not recognize the trends will not be able to enter a new era and survive. The fifth wave will turn partnership leverage, compensation systems and the business model upside down. There is not much time to make the incremental changes that will support sustained profitability in law firms.
Panels Clash on Pre- and Post-Eviction Remedies
April 01, 2016
A landlord brings a proceeding against a long-term rent-regulated tenant who has fallen behind in rent. The tenant struggles to obtain the money. "Time of the essence" payment stipulations are entered into, and then violated. A judgment of possession is issued, and multiple stays are obtained. Finally, the tenant offers payment. What is a court to do?
IP News
April 01, 2016
Federal Circuit Holds Two of Apple's Five Asserted Patents Invalid, Three More Not Infringed
Real Property Law
April 01, 2016
Abatement of Interest and Fees Appropriate Lasalle Bank, N.A. v. Dono NYLJ 1/22/16, p. 31, col. 5 AppDiv, Second Dept. (memorandum opinion)
