Insights & Tips


Artificial Intelligence Art, AI Art

Recent news that Christie’s will auction off a piece of artificial intelligence art raises important questions about the legal implications of artificial intelligence art (“AI art”).  The artwork to be sold was created at the direction of Paris-based c …

Category: Art Law | Copyright | Intellectual Property Law

We have heard the story countless times: an unknown artists sells her work for pennies on the dollar only to see it’s value escalate to astronomical heights, as auction houses and gallerists catch the windfall.  The California Resales Royalties Act (“C …

Category: Art Law

Arbitration

Recent international arbitration surveys list New York as the most favored arbitration site in the United States for commercial disputes.  Studies conducted by University of Leicester (England) Law School and Queen Mary University in London found that …

Category: Commercial Litigation and Arbitration

trade secrets damages

Can a plaintiff recover trade secrets damages from a defendant for the costs the defendant avoided by misappropriating plaintiff’s trade secrets? Apparently not, according to the New York Court of Appeals. In E.J. Brooks Co. v. Cambridge Security Seals …

Category: Intellectual Property Law | Misappropriation | Trade Secrets | Unfair Competition

André Castaybert PLLC

Alexander Wang x Judith Lieber clutch. Photo: @judithleiberny/Instagram Dhani Mau of Fashionista recently published a very useful overview describing the various fashion finance options available to burgeoning fashion entrepreneurs.  Among these fashio …

Category: Business Transactions | Corporate | Fashion Law

When a company is sued for trade secret misappropriation, will an insurance company cover it?  As made evident in Sentinel Insurance Company, LTD v. Yorktown Industries, Inc., 2017 U.S. Dist. LEXIS 14439, 2017 WL 446044 (N.D. Ill. Feb. 2, 2017), it ver …

Category: Commercial Litigation and Arbitration | Intellectual Property Law

In 2017, courts grappled with various issues with respect to the Defend Trade Secrets Act.  First, there are nuances regarding the timing of the conduct to which the Act applies.  In Cave Consulting Grp., Inc. v. Truven Health Analytics Inc., 2017 U.S. …

Category: Employment Law | Intellectual Property Law

Traditionally, non-compete agreements were used to prevent employees from leaving a company and taking clients and important business information, including trade secrets, with them. In recent years, however, legislatures and courts have taken an incre …

Category: Employment Law

In a decision that could drastically change the internet as we know it, Judge Katherine Forrest held that a news site’s embedded tweet could be considered an infringing “display” of material under the Copyright Act. Embedding, the process by which a we …

Category: Intellectual Property Law

Business

We wrote recently on the Second Circuit’s holding against former Hearst interns who claimed that the corporation violated federal and state wage and hour laws by not paying them. Shortly following the decision, the Department of Labor (DOL) issued “Fac …

Category: Employment Law

In its recent decision, Crye Precision v. Duro Textiles, 689 Fed. Appx. 104 (2017), the Second Circuit scrutinized restrictions in an intellectual property licensing agreement under non-compete law, ultimately holding them to be overbroad. Traditionall …

Category: Commercial Litigation | Intellectual Property Law

André Castaybert PLLC

       By Karen E. Clarke, Of Counsel   As discussed in our June 8, 2016 article, 28 U.S.C. § 1782 enables foreign litigants to obtain evidence from U.S. persons for use in a foreign proceeding.  Three recent decisions by two Judges in the Souther …

Category: Commercial Litigation and Arbitration | Discovery Practice

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