The Airbnb Problem in Residential Housing
May 02, 2015
This article details the City's efforts in one case to enjoin a business that facilitated the creation of illegal hotels, and a landlord's efforts in another case to eject a rent-controlled tenant who was using Airbnb to rent rooms within her four bedroom apartment.
The 'Representations, Warranties and Covenants' Triumverate
May 02, 2015
Many retail leases contain provisions in which a party to the lease "represents, warrants and covenants" to some proposition. These three terms are often used together, as if the drafter were hoping to cover all bases by the belts-and-suspenders approach. It is quite possible, however, that many attorneys are not sure what bases they actually need to cover, so they throw in all the words just in case.
IP News
May 02, 2015
Fed. Circ.: Brand Pharmaceutical Company Entitled to 50% Of Generic Drug Maker's Profits During Patent Term Only <br>Fed. Circ.: Petitions For Panel Rehearing on Enhanced Damages In ' 284 Of the Patent Act Are Denied<br>Fed. Circ.: Defendant Unable to Seek Stay of Patent Infringement Suit Prior to PTAB Instituting Petitions Seeking Covered Business Method Reviews under AIA
Is Your TIC Client a Candidate for Conversion to DST?
May 02, 2015
Tenancy in Common (TIC) arrangements are reaching maturity. This article explains the reasons converting to a DST may facilitate a refinancing, and discusses factors to keep in mind when considering the conversion of a TIC to a DST, most notably certain leasing limitations.
Development
May 02, 2015
Discussion of a recent case in which it was determined that neighbors may not enforce the zoning code without making a requisite demand to local officials.
Big Data Rights Protection Found in Internet Copyright Law
May 02, 2015
The Big Data-Internet connection is evidenced by the fact that the Internet is required for most Big Data transactions, including collection, storage and dissemination. Most of Big Data's content consists of uniquely Internet-related elements, namely users' transactions, meta-tag applicators and Internet content providers.
DE Chancery Enjoins Board in Potential Stockholder Dilution Scheme
May 02, 2015
Directors and officers of struggling corporations seeking capital or startups willing to trade equity for cash should carefully read the Delaware Court of Chancery's recent transcript ruling in <I>Elite Horse Investments Ltd. v. T3 Motion</I> and consider it a cautionary tale.
Real Property Law
May 02, 2015
Discussion and analysis of several important decisioins.
Deritivative Cyber Litigation
May 02, 2015
Potential liability for data breaches has emerged as a major concern for businesses in the past few years as massive cyber-attacks are increasing, with companies that use or store private customer data electronically or use social media as part of their marketing strategy being the prime targets.
The Greatest Article Ever Written on Puffery!
May 02, 2015
There is a precarious relationship between a company's boasting and the potential impact on those to whom it crows. In the parlance of the law, communication of this type has come to be known as "puffery."
