Insights & Tips


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

March 20th, 2019 – Last week New York’s newest tourist attraction opened at Hudson Yards. The Vessel, designed by Heatherwick Studio, is a honeycombed shaped structure with 154 staircases latticed throughout and is quite picturesque. However upon furth …

Category: Copyright | Intellectual Property Law

March 20th, 2019 – Enacted by Congress in 1925, the Federal Arbitration Act (“FAA”) was intended to ensure the validity and enforcement of arbitration provisions in contracts. Since its enactment the FAA has been shown deference by State and Federal Co …

Category: Commercial Litigation

On January 25th, 2019 Governor Andrew Cuomo signed the Gender Expression Non-Discrimination Act (GENDA) which bans discrimination based on gender identity or expression. The statute defines “gender identity or expression” as a “person’s actual or perce …

Category: Commercial Litigation

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

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