Publications
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Bloomberg Law, Cryptosaurus Networks & Paperblog Feature Cahill, Farmer and Weiner Article on NFT Litigation
Bloomberg Law and Cryptosaurus Networks
January 30, 2023
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SpringerLink Features Farmer Chapter on Art Forgery, Restoration and Conservation Issues
SpringerLink
October 28, 2022
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Center for Art Law Publishes Farmer, Leitner and Maharaj on Warhol v. Goldsmith SCOTUS Oral Arguments
Center for Art Law
October 22, 2022
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Bloomberg Law Features Cahill and Farmer Article on Crypto Business Deals
Bloomberg Law, Tech & Telecom Law
October 18, 2022
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Law360 Features Farmer on Warhol Copyright Battle
Law360.com
October 6, 2022
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First DOJ NFT Insider Trading Charges Mark New Enforcement Era
Bloomberg Law
June 29, 2022
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Westlaw Today Features Data Privacy Article by Farmer and Bortnick
Westlaw Today
June 26, 2022
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Considerations of Copyright and First Amendment Rights in Appropriation Art
Art Is Anything You Can Get Away with – So Long As It’s Transformative
June 13, 2022
The Supreme Court of the United States will decide whether Andy Warhol’s use of Lynn Goldsmith’s photograph of singer-songwriter Prince Rogers Nelson (Prince) in his silkscreen Prince Series was transformative and therefore not an infringement on Goldsmith’s copyright. More sinister potential implications of the High Court’s decision are (1) who should decide on the merits and meaning of works of art, and (2) what prior restraints on artistic speech are the courts now comfortable with?
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National Law Review Publishes Farmer, Fisher, Taylor and Leitner on Recent Third Circuit Decision Impacting Immunity Granted to Internet Platforms
November 18, 2021
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Third Circuit Takes an Anti-Platform View in Interpreting the Communications Decency Act, Creating a Circuit Split
Circuits Split on Interpretation of Communications Decency Act
October 29, 2021
A recent Third Circuit decision examined the scope of the “any law pertaining to intellectual property” carveout to the immunity granted to internet platforms under the Communications Decency Act (CDA), ultimately choosing to significantly expand it to include the “nontraditional” intellectual property laws, including the right of publicity. In a previous decision addressing the same subject, the Ninth Circuit expressed concern that the interpretation that the Third Circuit now advanced will cause great uncertainty for the platforms and open the floodgates to litigation. -
Sports Litigation Alert Publishes Bialek and Farmer on “Greek Freak” Trademark
September 20, 2021
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Online and Offline Disclosure of Data Collection Practices under California’s Privacy Law
Data Collection Practices Disclosure under California’s Privacy Law
September 14, 2021
In accordance with the California Consumer Privacy Act and associated regulations, businesses that collect personal information from a consumer must provide notice at the time of collection. Recent enforcement actions by the California Attorney General illustrate this point and remind businesses of the importance of apprising consumers online and offline of their privacy policies.
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Employer Risk Management in the Age of Coronavirus
Employer Risk Management in the Age of Coronavirus
April 13, 2020
Many workplaces that traditionally have had few recordable or reportable work-related illnesses must now educate themselves on their obligations under federal and state health and safety laws or face expensive fines from regulators and greater exposure to workers’ compensation claims and liability lawsuits. By preparing an infectious disease preparedness and response plan, the employer will engage in the necessary exercise of creating clear lines of communication, identifying where and how workers might be exposed and implementing workplace controls. Performed properly, this exercise should result in better workplace morale, lower absenteeism, less business disruption and liability defenses if needed.
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Managing Employer Risk in the Age of the Coronavirus Parts 1 & 2
PropertyCasualty360.com / Law.com
April 9–10, 2020
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Artist, Authorship & Legacy: A Reader
Center For Art Law
October 15, 2019
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Andy Warhol Foundation Wins Copyright Lawsuit Over Prince Portrait & More Art World Headlines
Andy Warhol Foundation Wins Copyright Lawsuit Over Prince Portrait
July 26, 2019
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New York’s Appellate Division Upholds Return of Artworks to Heirs
Diverse Decisions on Holocaust Expropriated Art Recovery Act
July 17, 2019
Two recent decisions touch upon the Holocaust Expropriated Art Recovery Act, which expanded the timeliness for actions to recover Nazi-looted artworks. The first decision by the Second Circuit allowed the Metropolitan Museum of Art to keep in its collection a monumental work by Pablo Picasso. The second upheld the return to the heirs of two gouaches by the Viennese modern artist Egon Schiele. -
Second Circuit Holds New York’s Met Museum Can Keep Picasso’s The Actor
NY’s Met Museum Keeps Possession of “Monumental” Picasso
July 2, 2019
In the 1930s, Paul Friedrich Leffmann, a successful German-Jewish entrepreneur, was forced to sell his home and business and flee from Germany to Italy. In 1938, Leffmann and his wife sold their Picasso, The Actor, to escape the Nazi regime’s growing influence in Italy and relocate to Brazil. On the grounds that the 1938 sale was under duress, Leffmann’s great-grandniece and sole heir sought replevin of the painting from New York’s Metropolitan Museum Art, which had acquired it nearly 58 years ago. -
Sotheby’s Goes Private & More Art World Headlines
Sotheby’s Goes Private & More Art World Headlines
June 28, 2019
When the art world makes headlines, it becomes clear just how important the field is to all of us. From the sale of Sotheby’s auction house to a private owner, to a Ferrari judicially declared a work of art, to the story of UK artists’ work with “deepfake” video technology, Wilson Elser’s Art Law practice features summaries of recent world art news reports, including Hong Kong’s protests of planned extradition laws to a new viewing experience for the Mona Lisa. -
Lost Lewis Chessman Stored in Drawer Could Fetch $1.3 Million at Auction & More Art World Headlines
Lost Lewis Chessman & More Art World Headlines
June 17, 2019
When the art world makes headlines, it becomes clear just how important the field of at law is to all of us. From the upcoming sale at auction of a lost Lewis Chessman, to a cruise ship crashing into Venice Harbor, to the auction of Madonna’s personal possessions, Wilson Elser’s Art Law practice features summaries of recent news reports pertaining to art law and art markets. -
The Deadliest Laptop in the World Is Up for Art Auction & More Art World Headlines
The Deadliest Laptop in the World & More Art World Headlines
May 31, 2019
When the art world makes headlines, it becomes clear just how important the field is to all of us. From the upcoming sale at auction of the artwork that incorporates six of the world’s deadliest computer viruses, to a notorious master forger now auctioning off his works, to the discovery of a cache of Weegee’s lost photographs in a Seattle home, Wilson Elser’s Art Law practice features summaries of recent news reports pertaining to art law and art markets. -
Claude Monet’s Haystacks Painting Breaks Records at Auction & More Art World Headlines
Claude Monet’s Haystacks & More Art World Headlines
May 20, 2019
When the art world makes headlines, it becomes clear just how important the field is to all of us. From the recent record-breaking sale of one of art history’s most evocative Impressionist images, to the national debate over the fate of Confederate monuments, to science helping hidden art emerge again in one of Vermeer’s greatest works, Wilson Elser’s Art Law Blog features summaries of recent news reports pertaining to art law and art markets. -
U.S. Supreme Court Provides Clear Guidance for Copyright Litigants
DRI: The Voice
May 2, 2019
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A Perfectly Preserved Tomb Discovered Near Cairo & More Art World Headlines
A Perfectly Preserved Tomb Discovered Near Cairo & More Art World Headlines
May 3, 2019
When the art world makes headlines, it becomes clear just how important the field is to all of us. From the discovery of a perfectly preserved 4,000-year-old tomb near Egypt’s capital, to Europe’s cultural heritage repatriation efforts, to the establishment of a new registry intended to protect street art in Chicago, Wilson Elser’s Art Law practice features summaries of recent news reports pertaining to art law and art markets. -
Notre Dame de Paris & More Art World Headlines
April 17, 2019
When the art world makes headlines, it becomes clear just how important the field is to all of us. From Notre Dame de Paris suffering a devastating fire, to the first-ever photograph of a Black Hole, to the discovery of ancient treasures in Lake Titicaca, Peru, Wilson Elser’s Art Law Perspectives blog features summaries of recent news reports pertaining to art law and art markets. -
U.S. Supreme Court Weighs in on Nontaxable Costs Recoverable in Copyright Suits and Standing to Sue
Nontaxable Costs Recoverable in Copyright Suits & Standing to Sue
April 10, 2019
In March 2019 the U.S. Supreme Court issued decisions in two copyright cases, both of which concern narrow issues of statutory interpretation and are examples of matters that the Court addresses to ensure uniformity in the decisions of the lower courts. -
Copyright Is No Monkey Business, Rules the Ninth Circuit
Ninth Circuit Affirms “Monkey-Selfie” Ruling
April 30, 2018
A recent Ninth Circuit ruling serves as a reminder to litigants that a federal appellate court may choose to rule on matters it considers significant, despite a settlement that was reached possibly to avoid creating unfavorable precedent.
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Week in Review Blog
Entertainment, Arts and Sports Law Blog
April 27, 2018
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Street Artists Awarded $6.75 Million in Damages Against Developer Who Whitewashed Artworks Covering His Buildings
Street Artists Awarded $6.75 Million
February 26, 2018
The United States District Court for the Eastern District of New York has awarded $6.75 million in statutory damages to 21 aerosol artists whose works were intentionally destroyed by the owner of the buildings on which they were painted. While this case has already been appealed to the Second Circuit, the ruling is of significance to artists and to property owners that have artworks in or on their buildings protected under the Visual Artists Rights Act.
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Where Moral Rights May Conflict with the Removal of Confederate Statues
New York Law Journal
December 14, 2017
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"Personal injury" coverage and climate change liability: why policyholders may target this coverage in responding to climate change suits based on nuisance claims
March 2010
In December 2009 and January 2010 Environmental Alerts, Wilson Elser reported on several recent federal court decisions concerning whether to allow private claims predicated on the federal common law of nuisance against parties whose greenhouse gas emissions have allegedly contributed to global warming. As reported in the previous alerts, the courts addressing this issue have reached conflicting conclusions as to whether such claims may stand. -
Emerging coverage issues of new EPA-proposed climate change regulation
May 2009
The risks that the insurance industry as a whole, and liability insurers in particular, face are being altered by climate change. Experts may debate the scope of investment that the world needs to make to combat global warming, but the forecasts are all measured in trillions of dollars.