Insights & Tips


October 29, 2021- FTC Warning and Stricter Enforcement of §5 of the FTC Act Regarding Deceptive Online Endorsements According to Proskauer, a new warning from the Federal Trade Commission has been sent to more than 700 companies and shows a move toward …

Category: Commercial Litigation

Art Law

October 18, 2021- Sullivan & Worcester highlight proposed regulations of the antiques and art markets in their latest article about the Treasury Department’s Financial Crimes Enforcement Network notice of proposed regulations from September 24th. T …

Category: Art Law

October 5, 2021- Facebook is not “off the hook” after the Third Circuit ruled Section 230 of The Communications Decency Act does not protect the social media giant from liability in the use of a news anchor’s image in ads for adult dating services on i …

Category: Commercial Litigation | Commercial Litigation and Arbitration | Copyright | Ethics | Intellectual Property Law

October 4, 2021- The New York International Arbitration Center’s (NYIAC) press release on September 21st confirmed New York City as a leader in International Arbitration and solidified the city’s growth in the area. The International Court of Arbitrati …

Category: Commercial Litigation | Commercial Litigation and Arbitration

André Castaybert PLLC

May 6, 2021 – Proskauer recently issued an interesting article about the Federal Circuit’s reversal of a $66 million judgment in the District Court of Delaware in favor of Olaplex, Inc., which had alleged claims of patent infringement and trade secret …

Category: Business and Employment Litigation | Employment Law | Intellectual Property Law

June 7, 2021-The Supreme Court recently weighed in on a circuit split regarding the interpretation of the Computer Fraud and Abuse Act’s (CFAA) “exceeds unauthorized access” clause. This clause is often used to litigate against employees who access pro …

Category: Trade Secrets

April 08, 2021- Another copyright case has been decided in favor of fair use. In Lawrence Marano v. The Metropolitan Museum of Art, the Second Circuit sided with the Metropolitan Museum of Art (the Met), holding that the museum’s use of Marano’s 1982 p …

Category: Art Law | Copyright | Intellectual Property Law

April 07, 2021- Newly signed post-mortem rights of publicity legislation in New York will begin to apply to those who are deceased after May 29, 2021.  Dentons explains what this law means for New Yorkers, specifically in regard to Digital Replicas and …

Category: Intellectual Property Law

April 06, 2021 -A recent decision by the Southern District of New York (SDNY) ruled that the non-disclosure and non-disparagement clauses in an employment contract for the Trump Campaign were unenforceable under New York law as they were too vague and …

Category: Business and Employment Litigation | Employment Law

April 06, 2021-In a victory for business owners, the State of New York Court of Appeals decided that individual owners are not “employers” so are exempt from the New York City Human Rights Law’s (NYCHRL) vicarious liability provisions. An employee of B …

Category: Business and Employment Litigation | Employment Law

March 17, 2021 – After the recent authorization of Coronavirus vaccines, the Equal Employment Opportunity Commission (EEOC) released guidance regarding the extent that an employer can require an employee to receive a COVID-19 vaccine. At its core, the …

Category: Business and Employment Litigation | Employment Law

March 12, 2021 –As art shows and galleries move online because of the Coronavirus Pandemic, novel issues arise with how artist’s work is displayed digitally. Recently, painter Pat Lipsky sued the Spanierman Gallery under New York Artists’ Authorship R …

Category: Art Law

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