Legal Research

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Second Circuit Review
Wednesday, May 27, 2009
By Martin Flumenbaum and Brad S. Karp

"Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss ReliaStar Life Insurance Company of New York v. EMC National Life Company, where the Circuit held that the inclusion of a general provision that each party will bear the fees of its own arbitrator and attorneys in an arbitration agreement does not deprive an arbitral panel of its inherent authority to award such fees as a sanction against a party that acted in bad faith during the arbitration."

Patent and Trademark Law
Wednesday, May 27, 2009
By Robert C. Scheinfeld and Parker H. Bagley

"Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, analyze decisions that address the joint infringement defense, often dismissing the patentee's claim for failing to satisfy the requirement that a "single entity" has infringed, not two or more companies working cooperatively, a requirement confirmed and clarified by the Federal Circuit relatively recently."

OUTSIDE COUNSEL:

When Is an Intangible Service Considered Real Property?
Wednesday, May 27, 2009
By Thomas C. Lambert and Steven Shackman

"Thomas C. Lambert and Steven Shackman, members of Lambert & Shackman, write: The question of what is and what is not an appurtenance depends on the parties' intent, which often must be inferred from the circumstances. Although certain items have commonly been held to be appurtenances, it appears from the case law that there is no particular limit on what now, or in the future, could be held to be an appurtenance, so long as it is reasonably necessary to beneficial use and enjoyment of the premises."

REAL ESTATE TRENDS:

 Zoning and Land Use Planning
Wednesday, May 27, 2009
By Anthony S. Guardino

" Anthony S. Guardino, a partner at Farrell Fritz, reviews recent Court of Appeals decisions on joinder that make it clear that an Article 78 proceeding may be dismissed if one or more necessary parties was not named as a party to the proceeding prior to the expiration of the applicable limitations period. Petitioners and respondents in these matters should carefully analyze whether all necessary parties have been joined, and make appropriate motions in the event they decide that a necessary party has, in fact, not been joined."