Insights & Tips


June 4, 2020 — The phased reopening of New York City and the surrounding boroughs raises a plethora of issues and considerations for stores, restaurants, bars, and other customer-facing businesses planning to operate during the ongoing pandemic.  Chie …

Category: Commercial Litigation

André Castaybert PLLC

June 3, 2020 — The Vice President of the Artists Rights Society, Katarina Feder, recently authored an article for Artnet in which she answers questions of artists with copyright concerns.   Ms. Feder touches on the copyright ownership of sold works, t …

Category: Art Law | Copyright | Intellectual Property Law

André Castaybert PLLC

June 3, 2020 — In a dispute between GE Energy Power Conversion France and Outokumpu Stainless USA, the Supreme Court of the United States issued a unanimous opinion holding that non-signatories to arbitration agreements can compel arbitration in the U …

Category: Commercial Litigation | Commercial Litigation and Arbitration

May 4, 2020 Online marketplaces like Grailed, GOAT and The RealReal have emerged in recent years as fashion retail disruptors. Emerging online marketplaces have provided high-fashion consumers and “sneakerheads” access to an incredible assortment of “g …

Category: Commercial Litigation | Intellectual Property Law | Trademark Law

April 3rd, 2019 The Panama Papers – which were 11.5 million leaked files by a Panamanian law firm – revealed the ways offshore shell companies are used to store and transfer assets outside of legal regulations. The surprise that came with this leak was …

Category: Art Law

March 20th, 2019 – Last week New York’s newest tourist attraction opened at Hudson Yards. The Vessel, designed by Heatherwick Studio, is a honeycombed shaped structure with 154 staircases latticed throughout and is quite picturesque. However upon furth …

Category: Copyright | Intellectual Property Law

March 20th, 2019 – Enacted by Congress in 1925, the Federal Arbitration Act (“FAA”) was intended to ensure the validity and enforcement of arbitration provisions in contracts. Since its enactment the FAA has been shown deference by State and Federal Co …

Category: Commercial Litigation

On January 25th, 2019 Governor Andrew Cuomo signed the Gender Expression Non-Discrimination Act (GENDA) which bans discrimination based on gender identity or expression. The statute defines “gender identity or expression” as a “person’s actual or perce …

Category: Commercial Litigation

Commercial practitioners do not have to wait any longer to see who will take over the Commercial Division’s international arbitration matters. Last month, Honorable Deborah Kaplan, the Administrative Judge for the New York County Supreme Court, announc …

Category: Commercial Litigation and Arbitration

Generally copyrights are only issued to the author of the original work. The Work Made for Hire doctrine is an exception to this rule where an employer is the owner of the work and the copyright, but this is contingent on whether the creator is an inde …

Category: Business Transactions | Copyright | Employment Law

The basic tenet of copyright law is that protection is available for “original works of authorship fixed in any tangible medium of expression.” The most common example of a work that is eligible for copyright protection is a painting or sculpture. Once …

Category: Art Law | Copyright

The ADA mandates that public accommodations must be accessible to everyone, including websites. With internet commerce on the rise, advocates for the blind and hearing impaired argue that websites must be just as accessible as their brick-and-mortar co …

Category: Art Law | Employment Law

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