Insights & Tips


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

A recent article published on Invaluable.com provides an insightful guide to insuring your artwork.  The article posits that regardless of whether your collection consists of very few pieces of “low-value” artwork or hundreds of multi-million dollar wo …

Category: Art Law | Insurance Recovery

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

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