Insights

NFTs: Are They Securities?

Susan J. Lutzker, Carolyn Wimbly Martin and Sara Etemad-Moghadam

This is the second in a two-part series on the current status of NFTs. The first Insight in the series discusses the evolving, less sensational but more functional approach to the use of NFTs. In part two of the series we explore whether an NFT is a security and, if so, the additional scrutiny and […]

Read more

NFTs: Where Are We Now?

Susan J. Lutzker, Carolyn Wimbly Martin and Sara Etemad-Moghadam

This is the first in a two-part series on the current status of NFTs. The second Insight in the series will discuss the issue of whether NFTs are securities subject U.S. securities laws. In 2021 Art Basel Miami Beach attracted more than 250 international galleries across 36 countries and territories and showcased artworks across all […]

Read more

Options for Removing Objectionable Content on Social Media Platforms

Carolyn Wimbly Martin and Sara Etemad-Moghadam

In today’s environment, most of us are likely to have a photograph or video on social media we would rather not have everyone seeing. Maybe it’s an unflattering photograph, an embarrassing video, a post of their minor children or an old photo with an ex-flame. When someone shares a photo or video of an individual […]

Read more

Add ‘Knowing Your Rights Regarding Health and Education Records’ to Your College Prep Checklist

Carolyn Wimbly Martin and Sara Etemad-Moghadam

As your child embarks on their college journey, it is essential to have conversations that go beyond choosing matching towels and bed sheets for their dorm room. Most students and their parents are unaware of the Family Educational Rights and Privacy Act (“FERPA”). This Act safeguards student education records and regulates the sharing of personal […]

Read more

Deepfakes in Litigation

Carolyn Wimbly Martin and Sara Etemad-Moghadam

Deepfake technology uses artificial intelligence (“AI”), specifically “deep” learning, to create realistic videos, images and audio of fabricated events. Deepfakes have already found their way into social media, the entertainment industry, the political landscape and are now beginning to impact legal disputes. AI poses the risks that parties could intentionally fabricate evidence or unknowingly believe […]

Read more

EU Court Decision Invalidating Privacy Shield Results in Massive Confusion for U.S. Businesses: Third Addendum

This post is an update. Read the original post here, the first addendum here and the second addendum here. To the relief of tech giants, on July 10, 2023, the U.S. and European Union (EU) finally agreed on a mechanism for international data transfer to replace the Privacy Shield, which had been invalidated in 2020 […]

Read more

Compilations v. Individual Copyright Registrations of Photographs

Carolyn Wimbly Martin and Dana Sussman

This post is the sixth in a series on Copyright and Photography. Read the first post here, the second post here, the third post here, the fourth post here, and the fifth post here. The Copyright Office (“Office”) registration process for photographs is both cost effective and relatively uncomplicated, while offering a number of forms to address various objectives. […]

Read more

Native American Mascoting in K-12 Schools

Carolyn Wimbly Martin and Sara Etemad-Moghadam

This is a continuation of our conversation about renaming entities, including educational institutions, public spaces and museums, and holidays like Columbus Day. Native American names, symbols and innuendos have been used in the sports world for more than a century. While many college and professional sports teams have addressed their offensive mascots and sport traditions, there […]

Read more

Fair Use Defense After Warhol v. Goldsmith SCOTUS Decision

Carolyn Wimbly Martin and Sara Etemad-Moghadam

On May 18, 2023, the Supreme Court, in a 7-2 opinion, affirmed the decision of the United States Court of Appeals for the Second Circuit in favor of photographer Lynn Goldsmith (“Goldsmith”) holding that the “purpose and character” of the particular commercial use by the Andy Warhol Foundation (“AWF”) of Goldsmith’s photograph did not meet […]

Read more