The Chartwell Chronicles: Tort Reform
2022 FCA Year in Review and Emerging Trends for 2023
Blogging made him both the Pope and the Tom Hanks of D&O insurance - Legally Contented Podcast
Corporate Criminal Liability in South America
Hinshaw Insurance Law TV – Cybersecurity Third and Final Part: Ransomware
Law Brief®: David Pfeffer and Richard Schoenstein Discuss the Legal Implications of Infrastructure Collapses
Texas House Passes Pandemic Liability Protection Act
Roadmap to Joint Venture Agreements: Legal and Accounting Considerations
The Risk of Personal Injury Claims from COVID-19 and What to Do About It
On-Demand Webinar | Eminent Domain in 2020: A Year in Review
What No Statutory COVID Immunity Means for Businesses
New Developments in the World of Section 230
False Claims Act Implications for PPP and Disaster Relief Loans: What Small Businesses Should Be Ready For
JONES DAY TALKS®: Riding the Green Bond Wave: Focus is on Standards as Volumes Surge
Blakes Continuity Podcast: Life Sciences: Liability and Immunity During COVID-19
A Discussion on the Kollaritsch v. Michigan State University Board of Trustees Decision
[WEBINAR] Automated Vehicle Pilot Project Risks and Smart Infrastructure
In Phila. Indem. Ins. Co. v. Gonzalez, No. 1-23-0833, 2024 Ill. App. Unpub. LEXIS 1372, the Appellate Court of Illinois considered whether the terms of a lease agreement limited a tenant’s liability for fire damages, a fire...more
Generally, California law treats parties to a commercial lease as sufficiently sophisticated, equal bargainers, capable of negotiating an agreement governing their relationship, such that it should be enforced and not...more
Recently, in On Point Window Treatment, Inc. v. 208 Clinton Place, LLC, 2024 N.Y. Slip Op. 50241 (N.Y. Sup. Ct. 2024), the Kings County Supreme Court held that even when paired with an insurance procurement requirement, a...more
Two recent bankruptcy court decisions reflect a split of authority on subchapter V eligibility. In re Macedon Consulting Inc. finds that all future amounts due under an unexpired lease qualify as “noncontingent and...more
Do you need an asset protection strategy in San Diego, California? What is an “Asset Protection Strategy” and who should make sure to have an asset protection strategy in place?...more
The Canadian Broadcasting Corp. recently reported that Oberon Development Corp., a Toronto property management company and apartment project owner, banned the use and storage on its properties of electric vehicles like cars,...more
The short answer is “no.” In fact, the very term “automatically” is rarely found when discussing legal duties of any kind. There are conditions that must be met in order to successfully claim that a landlord is legally...more
A recently decided case in North Carolina provides some guidance to landlords regarding their potential liability to a third party harmed by the pet of a tenant. (Note- I refer you to an attorney in one of our N.C. offices...more
If there’s one thing we all remember from law school, it’s the old rule of common law that each dog gets one bite before the owner is on notice that the creature is dangerous. Though that rule has been refined over the years,...more
Employers, landlords and any party potentially subject to a premises liability action would be well advised to consider the consequences when COVID-19 is contracted on their property and then spread from the infected party to...more
It is no secret the pandemic has caused an unprecedented economic crisis throughout the state of Nevada. Throughout the duration of the pandemic, the Nevada unemployment rate has, at one point, exceeded 30 percent, hindering...more
Counterfeiters often act through intermediaries, including online marketplaces, social media companies, and internet service providers (“ISPs”), that may not be aware that their services are being used for infringing...more
The ongoing COVID-19 pandemic raises the question of whether landlords having leased properties for commercial uses can be held liable for injuries sustained when someone—whether employees of the commercial tenant or someone...more
Last year, the Eleventh Circuit affirmed a judgment holding that a landlord’s constructive knowledge of its tenant’s trademark infringement is enough to hold the landlord liable. Several years earlier, Arent Fox...more
Should landlords care what business their tenants are operating? The obvious general answer of “yes” now has a more detailed and important caveat. If your client is retailing goods, you as a landlord may be liable if those...more
In Xiang Fu He v. Troon Management, Inc., et al. decided on October 24, 2019, the New York Court of Appeals held that section 7-210 of the Administrative Code of the City of New York "unambiguously imposes a nondelegable duty...more
The United States Court of Appeals for the Eleventh Circuit affirmed liability under the “know or has reason to know” standard for contributory trademark infringement in Luxottica Group, S.p.A. v. Airport Mini Mall, a case...more
In March 2019, after a seven-year-long legal battle, a Manhattan jury found defendant landlord 375 Canal LLC contributorily liable for trademark counterfeiting and infringement and awarded Omega SA statutory damages of $1.1...more
Landlords whose tenants sell counterfeit goods can be liable for trademark infringement if they have knowledge of the infringing acts or are willfully blind to the infringement. In Luxottica Group v. Airport Mini Mall, LLC,...more
If you asked most commercial landlords what keeps them up at night, they probably wouldn’t say that they worry about their tenants committing trademark infringement. Granted, trademark infringement is not likely to be an...more
• Reported verdicts and settlements in the last 10 years confirm that commercial landlords/owners could be held liable for the trademark infringement activity of their tenants. • Commercial landlords/owners must take...more
There are instances where a party’s breach of the construction contract is undisputed. However, the amount of recoverable damages often hinges on the injured party’s own conduct both during and following that breach. The...more
Many of the topics we cover in this space ultimately come down to problems in drafting. Of course, these drafting issues aren’t apparent when the parties execute the lease, contract, or other document....more
The Florida Fish and Wildlife Conservation Commission (FWC) receives numerous telephone calls each year reporting black bear sightings significant enough to prompt safety concerns. Since 2013, there have been several...more