Insights & Tips


As unlikely a pair as they may seem, the fashion industry and the insurance industry do overlap in some important ways. Whether they are designers, retailers, manufacturers or modeling agencies, insurance is crucial to the individuals and companies in …

Category: Commercial Litigation | Fashion Law | Insurance Recovery

André Castaybert PLLC

                                                  By Karen E. Clarke, Of Counsel      Since the federal Defend Trade Secrets Act (“DTSA”) took effect in May 2016, a handful of district courts have had occasion to address the pleading requirements for a …

Category: Commercial Litigation | Intellectual Property Law

André Castaybert PLLC

What do you do when you suspect there has been a trade secret theft? Do you wait until you have sufficient evidence of misappropriation before proceeding to file either a declaratory judgment action or an ex parte temporary restraining order? Or do you …

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 is a helpful U.S. statute that enables foreign litigants to obtain documentary or testimonial evidence from U.S. persons “for use in a proceeding in a forei …

Category: Commercial Litigation and Arbitration | Discovery Practice

André Castaybert PLLC

Cybersecurity is a growing area essential for protecting confidentiality of trade secrets. Keep up with this rapidly expanding field by learning about cybersecurity developments put together by CREATe.org. To learn more how CASTAYBERT PLLC can assist y …

Category: Commercial Litigation

André Castaybert PLLC

By: Karen E. Clarke, Of Counsel As discussed in our June 8, 2016 article, 28 U.S.C. § 1782 is a helpful U.S. statute that enables foreign litigants to obtain documentary or testimonial evidence from U.S. persons for use in a proceeding in a foreign or …

Category: Business Transactions | Commercial Litigation | Discovery Practice

André Castaybert PLLC

Andre Castaybert recently became a member of the New York International Arbitration Center (NYIAC). The NYIAC is a nonprofit organization promoting the conduct of international arbitration in New York. NYIAC develops programs and materials about intern …

Category: Commercial Litigation

André Castaybert PLLC

The New York Appellate Division Third Department determined Supreme Court properly withheld from disclosure both tax returns and documents which reflect information included in tax returns: ” ‘The policy behind the [tax] secrecy provisions is twofold: …

Category: Business Transactions

André Castaybert PLLC

A group of freelance photographers contracted to shoot NFL games may press forward with a claim that they were forced to enter into unconscionable licensing agreements that cost them their ability to sell higher-value commercial licenses. The seven pho …

Category: Commercial Litigation

André Castaybert PLLC

Tiffany Tibbot writes on the topic of The Basics of Patent Protection for Design on Maker’s Row reviewing how to protect your designs. Tibbot’s number one lesson: fashion design cannot be protected but the pieces that make up the design can be. Things …

Category: Fashion Law | Intellectual Property Law

André Castaybert PLLC

In a recent article on artsy.net, Isaac Kaplan explores How Much Do Artists have over a Work after It Sold. As Kaplan explains, under VARA the answer is, yes. The Visual Artists Rights Acts (VARA) provides visual artists control over the attribution an …

Category: Art Law

André Castaybert PLLC

New York employees will be eligible for paid leave to care for family members under the new Paid Family Leave Law, effective January 1, 2018. Phased in over a four-year period with eight weeks of leave in 2018, ten in 2019, and ultimately twelve in 202 …

Category: Employment Law

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