Insights & Tips


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

André Castaybert PLLC

Last month, the United States District Court of the Southern District of New York granted the same deference to an appellate arbitration panel that is given to an arbitral award under the Federal Arbitration Act. The case, Hamilton v. Navient Solutions …

Category: Commercial Litigation and Arbitration

February 13, 2019 — Artificial Intelligence (“AI”) has officially infiltrated the art world.  With the rise of AI, it is becoming common for artists to collaborate with AI to create new works and to supplement AI art systems with their catalogs.  Such …

Category: Art Law

November 1, 2018 — On October 11, 2018, Donald Trump, with Kid Rock at his side, signed the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (“MMA” or “the Act”) in an effort to modernize copyright law in an era where digital streaming is king.  P …

Category: Art Law | Copyright

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

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