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March 25, 2024 | New York Law Journal

Watch Your Mouth: Liability for Statements and Omissions About Digital Assets

Recent court decisions arising from the purchase and sale of digital assets have grappled with liability claims posing such questions about information that had been stated or omitted.
18 minute read
February 02, 2024 | Litigation Daily

Litigator of the Week Runners-Up and Shout Outs

Kaplan Hecker & Fink won a second verdict against former President Donald Trump for client E. Jean Carroll.
7 minute read
December 20, 2023 | New York Law Journal

The Devil Is in the Details: Contractual Modification of Fiduciary Duties

The written word in a contract will almost always trump oral representations—especially where the contract includes language which merges any prior representation giving the document the last word on the parties' rights and obligations. However, cases continue to appear before the bench. In one such recent case, Stephanie Clegg v. Sotheby's, the plaintiff learned a hard lesson.
11 minute read
December 20, 2023 | Litigation Daily

Taking the Temperature of Litigation Leaders in 2023

Here's one last visit with the 16 leaders of Big Law litigation practices and elite boutiques we queried this year as part of our Litigation Leaders Q&A series.
11 minute read
December 13, 2023 | Daily Report Online

NAR Commission Case: What's Next After the $1.8B Verdict?

These expensive lawsuits are aimed at the NAR and leading United States real estate brokerages, alleging that they've engaged in illegal collusion to artificially inflate agent commissions. Although the defendants are appealing the verdict, it seems likely that some significant changes are coming to the way real estate agents are paid.
6 minute read
November 13, 2023 | New York Law Journal

Protracted Litigation Over Art Inheritance Moves to NY Appeals Court

The Neumann family controls over $1 Billion in art from artists such as Pablo Picasso and Jean-Michael Basquiat. One scion alleges another unduly influenced their mother to change her will. A jury disagreed.
7 minute read
October 13, 2023 | New York Law Journal

Valuing Art in New York Divorces Remains a Nebulous Affair

Art is one of the more difficult marital assets to value as it is subject to different valuation standards. The often difficult and contentious valuation process was highlighted by a recent high-profile case, discussed here.
9 minute read
June 02, 2023 | New York Law Journal

NFTs and Blockchain-Enabled Goods Are Not Above the Law

A discussion of "Yuga Labs, Inc. v. Ryder Ripps," a recent ruling out of California where the court determined that a controversial NFT project infringed Yuga Labs' trademarks. The decision provides important guidance on how the Lanham Act applies to NFTs and how the First Amendment and Fair Use doctrine may be utilized as defenses in NFT lawsuits.
9 minute read
May 09, 2023 | Litigation Daily

How This Kirkland Partner Pushed Past a Flat Tire and Glitchy Tech to Deliver a Winning Argument for Sotheby's

"Sometimes you just got to be willing to let those things go and step up and let it rip and trust in the work that you put in," says Kirkland's Jess Krannich.
4 minute read
March 21, 2023 | New York Law Journal

Judge Rules in Favor of Artist in Lawsuit Involving 'First NFT Ever Created'

The suit involved digital artist Kevin McCoy's artwork Quantum. In 2014, McCoy created an NFT of Quantum on a blockchain called Namecoin, and seven years later, McCoy and the auction house Sotheby's began marketing McCoy's NFT on the Ethereum blockchain.
3 minute read

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