New York Law Journal | Expert Opinion
By Warren A. Estis and Jeffrey Turkel | September 1, 2020
In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss recent cases concerning major capital improvements (MCIs) and find that where a landlord elects to perform an MCI, it must be certain that even its minimal return on investment will be protected.
New York Law Journal | Expert Opinion
By Alexander Drylewski and Thania Charmani | August 31, 2020
In a previous article, Alexander Drylewski analyzed how the New York Appellate Division has treated causes of action for breach of the implied covenant of good faith and fair dealing in the face of a party's contractual right to exercise "sole discretion. In light of the First Department's recent decision in 'Shatz v. Chertok,' the authors revisit the topic and explore the implications of the case.
New York Law Journal | Expert Opinion
By Ilana Lubin and Mark Lichtenstein | August 28, 2020
In light of the recent COVID related wave of bankruptcies affecting fashion brands such as John Varvatos and True Religion, the article explores the trends and implications since the one-year anniversary of 'Mission Product Holdings v. Tempnology.'
New York Law Journal | Expert Opinion
By Andy Lustigman and Morgan Spina | August 28, 2020
Social media promotions can be a great way to market a product and gain market recognition. However, a promotion by Reese Witherspoon and her fashion label Draper James highlights what could go wrong after a seemingly well-intentioned "giveaway" goes astray.
New York Law Journal | Expert Opinion
By David Jacoby | August 28, 2020
The 2017 U.S. Supreme Court decision 'Star Athletica v. Varsity Brands' was supposed to clarify longstanding confusion over how design elements on functional objects, like clothing, can be copyrighted. But in the three years since the decision came down both the lower courts and legal opinion have varied widely in interpreting the decision.
New York Law Journal | Expert Opinion
By Robb Roby | August 28, 2020
A discussion of recent changes to damages law in trademarks and the likely implications on brand owners.
New York Law Journal | Expert Opinion
By Jamila Justine Willis | August 28, 2020
With a specific focus on the bankruptcy cases filed of the last 10 years, the article analyzes the fashion and retail restructurings, identifying patterns from liquidations and repeat restructurings and discusses how fashion and retail companies have turned around their businesses during restructurings or protected themselves during this time.
New York Law Journal | Expert Opinion
By Megan K. Bannigan | August 28, 2020
Sometimes products speak for themselves—red-soled heels (Louboutin), a robin's egg blue box (Tiffany & Co.) and H-shaped belt buckles (Hermès). Brands often seize on the power of design for consumer recognition and take steps to build and maintain trade dress rights. This article explores trade dress issues companies should be thinking about when forming a legal strategy to protect or challenge trade dress rights in their product designs.
New York Law Journal | Expert Opinion
By James Donoian, Margarita Wallach and Aya Cieslak-Tochigi | August 28, 2020
The COVID-19 crisis has forever changed the way we shop and communicate. After six months of staying at home, consumers have grown accustomed to shopping…
New York Law Journal | Expert Opinion
By Howard Berkower and William D. Brown Jr. | August 28, 2020
Restaurants across the country are being required to significantly limit their "in house" dining capacity, forcing them to increasingly rely on takeout and delivery. Under these conditions, many will not survive the year without government assistance.
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