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New York Law Journal

Copyright Liability for Foreign Internet Broadcasters Who Fail to Geoblock

Recently and to the likely dismay of many foreign broadcasters, in 'Spanski Enterprises v. Telewizja Polska' the D.C. Circuit took up an issue of first impression for the federal appellate courts: whether any extraterritorial limits of the copyright law would relieve the liability of foreign content disseminators that send their content into the United States.
9 minute read

New York Law Journal

Credit Card Fraud Insurance Case Highlights Barriers to Suits Against Brokers

In his Insurance Fraud column, Evan H. Krinick writes: Four years ago, the New York Court of Appeals issued a decision which some thought might lead to more and more insurance brokers being sued by policyholders alleging that brokers had not obtained sufficient insurance or appropriate policies for them. Several recent cases illustrate that such claims are carefully scrutinized by the courts and make it clear that the floodgates have not opened and that brokers remain relatively well insulated from policyholder claims.
9 minute read

New York Law Journal

What to Do When Representing a Subpoenaed Entity With Documents Stored Overseas

Recent events have focused attention again on the ability of the Department of Justice and other government agencies to obtain documents located abroad.
9 minute read

New York Law Journal

Increasing Civil and Criminal Enforcement in the Municipal Bond Market

In this Corporate Crime column, Steven M. Witzel and Daniel C. Fishbein focus on recent and novel enforcement actions in the municipal bond space. They survey municipal securities regulatory changes and enforcement innovations geared toward municipal issuers, and look at the future direction for enforcement and regulation in the muni-bond market.
16 minute read

New York Law Journal

Balcony Enclosures: Challenges Facing Coops, Condos and Owners

Cooperatives and Condominiums columnist Eva Talel discusses the dilemmas posed by a DOB enforcing a requirement that sets a strict deadline by which balcony enclosures must be legalized or removed, and makes recommendations to boards, managers, owners, and to the DOB as to how to best address such dilemmas in an equitable and practical manner.
7 minute read

New York Law Journal

State Court Securities Lawsuits and the PSLRA in a Post-'Cyan' Era

The court in 'Cyan' held that SLUSA does not prohibit state courts from adjudicating such claims, and that defendants may not remove such cases to federal court. As a result, it is likely that the recent trend of such claims being asserted in state courts will accelerate.
9 minute read

New York Law Journal

Review of Punitive Damages: Spoliation of Evidence

Appellate Practice columnists Thomas R. Newman and Steven J. Ahmuty Jr. discuss constitutional issues surrounding recovery of punitive damages.
10 minute read

New York Law Journal

An Analysis of the Court of Appeals' Decision in 'Rodriguez v. City of New York'

The ultimate effect of 'Rodriguez' is to make the rules applicable to summary judgment consistent with those that have been followed at trial since the enactment of Article 14-A. A plaintiff's comparative negligence does not, either on motion practice or at trial, prevent recognition of his right of recovery from the defendant.
10 minute read

New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: "Champagne v. Piller," "W. Haverstraw Pres. v. Diaz," and "Kuzmich v. 50 Murray St. Acquisition."
14 minute read

New York Law Journal

R.I.P. 'Altman'

In their Rent Stabilization column, Warren A. Estis and Jeffrey Turkel, the attorney who successfully argued 'Altman v. 285 West Fourth LLC' in the Court of Appeals on behalf of the landlord, discuss the landmark case, which restored the pre-Altman state of the law and reversed a 2015 decision that effectively re-regulated thousands of deregulated apartments.
8 minute read

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