The Supreme Court has recently issued a decision that we believe Defendants in Product Liability actions, and their insurance carriers, should take note of and consider when registering as a foreign corporation in a state that is not their home state, or in legal terms, their domicile.
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Wilson, Elser, Moskowitz, Edelman & Dicker LLP Blogs
Latest from Wilson, Elser, Moskowitz, Edelman & Dicker LLP
Supreme Court Limits Transformative Use Standard in Warhol Foundation v. Goldsmith
The recent U.S. Supreme Court decision in the latest art appropriation dispute likely has artists everywhere concerned that their works may be subject to future litigation. The highest court in the nation has found that the licensing of an Andy Warhol artwork, derived from a photograph taken in 1981 by photographer Lynn Goldsmith, was not…
New York’s Governor Vetoes Expansion of Wrongful Death Damages – For Now
Product liability defendants in New York were glad to hear earlier this week that Governor Hochul had finally vetoed the Grieving Families Act (GFA) which, if signed, would have greatly increased allowable damages in wrongful death cases and the class of persons who could recover for them.…
Bored Apes, Hermès Suits Foreshadow What Is Coming in NFT Claims
In June 2022, Yuga Labs Inc., the parent company of the Bored Ape Yacht Club non-fungible token collection, filed a federal lawsuit against artist Ryder Ripps, one of most vocal critics of the BAYC NFT project.
Ripps created his own NFT project around May 2022, which he called RR/BAYC, using online digital images from the…
Cannabis and Hemp Companies Disregard Emerging Product Liability Risks at Their Peril
Rocco Petrilli and Andrew Hatch of National Cannabis Risk Prevention Services also contributed to this article.
Novel cannabis products and our understanding of how they interact with our bodies are evolving in tandem, which is unique compared with any other consumer product. Although cannabis research has been outpaced by consumer behavior and public policy, it…
Considerations of Copyright and First Amendment Rights in Appropriation Art
By Jana Farmer
Case study of The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith litigation.
There is a consensus that Andy Warhol originated the saying, “Art is anything you can get away with.” However, further research shows that Warhol may have borrowed that quote from Canada’s media theory philosopher Marshall McLuhan.…
NFT Marketplace and DAO Partnership Shows Power and Complexities of DAOs in the Art World
By John Cahill
Online non-fungible token (NFT) marketplace OpenSea recently collaborated with a popular decentralized autonomous organization (DAO), Friends with Benefits (FWB). As part of the project, OpenSea commissioned ten contemporary artists, who are members of the DAO, to create “phygital” (i.e., physical and digital) artworks that were featured on the marketplace’s homepage. The artworks were displayed both…
Serving Taiwanese Defendants by Mail under the Federal Rules
Serving a defendant that is located outside the United States must comply with U.S. law and the law of the defendant’s home country, as well as any international agreement that may exist between the United States and the defendant’s home country, to ensure the service will be enforceable. From a practical standpoint, this means international…
Ninth Circuit Reverses Ruling in Copyright Infringement Case Involving Photographs of Picasso’s Artworks
By Jana Farmer & Leia Leitner
The Ninth Circuit reversed a lower court’s decision in an action seeking recognition of a French money judgment for copyright infringement involving photographs of Pablo Picasso’s artworks. The lower court found that the French money judgment was not enforceable due to fair use. The Ninth Circuit found that various factors weighed against the fair use…
Hackers Go Phishing in Beeple’s Deep Pool of Twitter Followers
“Stay safe out there, anything too good to be true is a … scam.” Beeple, a popular digital artist, tweeted to his followers, addressing the phishing scam that took place on May 23, 2022, targeting his Twitter account. The attack reportedly resulted in a loss of more than US$400,000 in cryptocurrency and NFTs, stolen from…