Insights & Tips


Last week, we saw some movement in the high-profile lawsuit between the Andy Warhol Foundation and photographer, Lynn Goldsmith, regarding Warhol’s iconic Prince portrait series produced in 1984. Both parties have made their pleas and filed cross-motio …

Category: Art Law | Copyright

On September 18th, New York Attorney General Barbara D. Underwood, announced a settlement with WeWork Companies that will end their use of overly broad non-compete agreements for nearly all of its employees nationwide. This settlement ends the routine …

Category: Employment Law

Copyright

October 4, 2018.   So, you own a piece of art that you want to sell.  Can you take and use pictures of the artwork to promote its sale without running afoul of copyright laws?  Yes, you can according to a recent decision from the Southern District …

Category: Art Law | Copyright | Intellectual Property Law

Stop Sexual Harassment

October 2, 2018. The #MeToo movement has generated nationwide discussion on the subject of sexual harassment and resulted in increased workplace sexual harassment complaints.  In order to stop sexual harassment, New York State passed the 2019 New York …

Category: Business and Employment Litigation | Employment Law

September 28th, 2018 Yesterday the New York Appellate Division, First Department issued their highly anticipated decision in the Daesang Corp v. Nutrasweet Co. matter. The matter arises from a petition by Daesang to confirm an ICC Final Award. In a stu …

Category: Commercial Litigation and Arbitration

September 28th, 2018 In New York the general policy is to facilitate the recognition and enforcement of foreign money and non-money judgments. Recognition is when a court converts a foreign judgment into a U.S. judgment which prevents re-litigation. On …

Category: Commercial Litigation | Commercial Litigation and Arbitration

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

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