Law Blog
May a Private Company Close Off a Public Space That Is an Officially Designated City Landmark Without Explanation?
Many have been wondering when JP Morgan Chase (“Chase”) will take down the fencing closing off Chase Manhattan Plaza, an architectural landmark in Lower Manhattan. Public space activist have been trying to get the Landmark’s Preservation Commission (“Commission”) to...
Is A Twitter Account A Trade Secret?
Businesses have long been able to protect their list of customers as a trade secret, keeping the information out of the hands of competitors. But should the list of customers in a business’ Twitter account be granted the same confidential protection?The United States...
Will a Court Enforce a “Put” Offering Buy Out Clause in an LLC Operating Agreement?
In Martin Heller v. Lauren Gardner Trust, No. A-0914-11T2 (N.J. Super. Ct. App. Div. June 27, 2012), the court considered the enforceability of a “put offering notice, by which one or more members could require the other members to buyout their shares.” The...
Will a Court Enforce a “Put” Offering Buy Out Clause in a LLC Operating Agreement
In Martin Heller v. Lauren Gardner Trust, No. A-0914-11T2 (N.J. Super. Ct. App. Div. June 27, 2012), the court considered the enforceability of a “put offering notice, by which one or more members could require the other members to buyout their shares.” The...
May a Party be Forced to Arbitrate Issues That are not Clearly Covered by an Arbitration Clause?
In Merrill Lynch v. Cantone Research, Inc.,___ N.J. Super. ____ (N.J. Super. Ct. App. Div. 2012), the Appellate Division of the Superior Court of New Jersey was presented with the issue of whether a party may be forced to arbitrate in a situation in which they did not...
When is a Breach of Contract Claim in NY Preempted by the Copyright Act?
What state law claims are preempted by the federal law embodied in the Copyright Act? This question was recently addressed in Stadt v. Fox News Network LLC, 719 F.Supp.2d 312 (S.D.N.Y. 2010).In that case, Kenneth Stadt (“Stadt”), a video owner, filed a lawsuit...
Does the Activity Underlying Adult Content Violate Prostitution Laws?
One of the unanswered questions in the adult industry is to what extent the prostitution laws prohibit the activities underlying the adult content. The position taken by Arizona officials on this issue is that the activity underlying adult content would violate their...
Does the Discovery Rule Apply to Copyright Infringement?
In Urbont v. Sony Music Entertainment, No. 11 Civ. 4516 (S.D.N.Y. March 27, 2012), the federal District Court for the Southern District of New York was presented with the question of whether the discovery rule applies to causes of action under the Copyright Act.The...
How Does a Nonprofit Corporation Commence Its Legal Existence in New York?
New York has a statute that anyone starting a nonprofit should read. It is located at NY. NPC. Law Section 405. The statute states, among other things, that a certificate of incorporation must be filed with the New York Department of State. Thereafter, the...
What is a Commercially Reasonable Way for a Creditor to Sell Collateral?
In The Provident Bank v. Charles Bonnici, No. A-1586-11T1 (N.J. Super. Ct. App. Div. 2012), the Appellate Division of the Superior Court of New Jersey considered the issue of what is a reasonable manner to sell collateral to satisfy a debt.In that case, the debtor had...
What is a “Pay if Paid” Contract Clause and Can it Apply to a Construction Subcontractor?
What constitutes a “pay-if-paid” construction contract clause? The United States Court of Appeals for the Third Circuit recently addressed this question in Sloan v. Liberty Mutual Insurance Company, 653 F.3d 175 (3d Cir. 2011).That case involved a waterfront...
How Does The Imposter Rule Apply in Cases Involving Conversion in Connection With the Cashing of False Checks?
Who should be to blame when a person wrongfully and seamlessly misappropriates the assets of another? The Supreme Court in New York County, New York recently addressed this question in Tripp & Co., Inc. v. Bank of New York, 911 N.Y.S.2d 696 (N.Y. County 2010)....
Should Appropriation Artists Be Protected By Fair Use?
Appropriation art, which involves an artist purposefully copying the work of another, has become a popular art form. But is it legal? The United States District Court for the Southern District of New York recently faced that question and determined whether...
What is the Standard for Allowing a Company That Was Incorporated Outside of New Jersey to Use the New Jersey Minority Oppression Statute?
Do corporations with business operations in New Jersey that were incorporated in other states have the right to avail themselves of the protections of the New Jersey Oppressed Shareholder Statute, N.J.S.A. 14A:12-7(1) (c) (“Shareholder Oppression Law”)?The Shareholder...
What Federal Jurisdiction Should Apply in the Lawsuit Concerning Dish Network’s Commercial-Skipping Television Broadcasting Capability
Dish Network is in a dispute with almost all of the major television networks over Dish Network’s offering to consumers that allows them to skip commercials in television shows. The lawsuit is in its earliest stages. The issue being decided now is what...
Is It Appropriate to Appoint a Discovery Master in CEPA and NJLAD Cases?
In Zehl v. City of Elizabeth Bd. Of Educ., No. A-1296-11T3 (N.J. Super. Ct. App. Div. May 31, 2012), the Appellate Division of the Superior Court of New Jersey was presented with the following question: should the court take into account the ability of someone to pay...
What Is The Statute Of Limitations For Undisclosed Defects In A Real Estate Sale?
The common law doctrine of nullum tempus occurrit regi roughly translates to “no time run against the king.” In the past, that doctrine was enforced when courts determined whether government agencies were barred by the same statutes of limitations as private citizens...
Why Are Temporary Restraining Orders a Common Mechanism to Stop the Sale of Gray Market Goods?
Gray market goods are those that are exchanged in a market that is unauthorized or unintended by the original manufacturer of the goods. Many of these goods contain either a copyright or trademark that is registered and owned by the original manufacturer. However, the...