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Lessons On Arbitration Carveouts From Diddy-Diageo Suit

Written by Rosanne Felicello on . Posted in .
Combs Wines and Spirits LLC, a company owned by Sean “Diddy” Combs, has a long-standing business relationship with Diageo North America Inc. by which Diageo distributes Ciroc Vodka and DeLeon Tequila. In May, Combs filed a complaint against Diageo in New York Supreme Court alleging that Diageo had failed to comply with its contractual obligation to treat the DeLeon brand equally to its other tequila brands due to racial animus.[1] The complaint seeks an injunction requiring Diageo to comply with the agreement’s equal treatment provision requiring that Diageo treat the Diageo-Combs DeLeon tequila joint venture brand equal to the way Diageo …

Building a Great Practice: It’s About Relationships

Written by Rosanne Felicello on . Posted in .
It’s no secret that to be a successful attorney, you need to cultivate a steady stream of clients. It’s how to do this that often seems like a mystery. Even attorneys who have been successfully practicing for decades often cannot tell you exactly how they find their clients. I know because I asked them. They offered me a version of “If you build it, they will come” as a means of obtaining clients. But it doesn’t exactly work that way. When I first opened my practice over a decade ago—after many years honing my skills in BigLaw—I rented an office, bought legal malpractice insurance, built a website and bought a phone number. I knew I had t…

Super Lawyers Honorees 2022

Written by Rosanne Felicello on . Posted in .
We are happy to announce that three members of our team have been chosen as “Super Lawyers”!

Low Risk, High Rewards: Legal Protections for Non-profit Boards

Written by Rosanne Felicello on . Posted in .
According to the National Council of Nonprofits, there more than 1.4 million 501(c)(3) charitable nonprofits in the United States alone. This nonprofit sector is a vital part of our national and local infrastructure, providing important services and advocacy for a wide range of people in urban, suburban and rural areas. Often, the people who serve as officers and directors for non-profits do so because the mission of the non-profit aligns with their interests and concerns. These well-meaning board members may not be aware of the potential liability that attaches with service as an officer or director of a non-profit. Because non-profits by…

Holiday Party Held on December 9, 2021.

Written by Rosanne Felicello on . Posted in .
On December 9, 2021, (in the lull before the Omicron Covid-19 spike) the firm held a small, in-person gathering to celebrate the holidays and a great year. It was a fun evening to celebrate with friends and clients of the firm. We enjoyed cocktails, appetizers, and good cheer. The firm hopes to host additional in-person events as we put the pandemic behind us! felicello-law-holiday-party-5 felicello-law-holiday-party-3 felicello-law-holiday-party-4 felicello-law-holiday-party-1 felicello-law-holiday-party-2 We’re Here To Help Fill out the form below …

Speak Carefully When Doing Business Abroad

Written by Michael J. Maloney on . Posted in .
How many times has a CEO or another executive reached a deal “in-principle” with a non-U.S. company by telephone or over a lunch or dinner meeting? Mostly likely, the dealmaker walks away from the meeting thinking that the details could be ironed out later and the company would not be bound to an enforceable agreement until a written contract is signed. If no agreement is ever signed the company would face no potential liability. This concept—that agreements must be in writing to be enforceable—is known as the “statute of frauds” and is so well-entrenched in U.S. jurisprudence and business practice that it is widely assumed that no matter …

Warhol Again Begs the Question: What is Art? 1

Written by Rosanne Felicello on . Posted in .
Sixty years after Andy Warhol first painted Campbell Soup cans, the question of “what is art?” is again being asked of one of his works. But this time the question is being asked in the highest court of the land rather than the court of public opinion. What an ironic twist. The Supreme Court is being asked what is a transformative use that does not infringe another’s copyright, a question as close to deciding what art is as any court is likely to get. For if a work is merely a copy or derivative of what has been done before, how can it be art? Under the law, if the work is a copy or derivative of a work that is protected under a federally …

Avoiding a Punitive Damages Award in Private Arbitration

Written by Kristie M. Blase on . Posted in .
New York law is a great boon when it comes to private arbitration. The law is well-developed (and in fact served as the basis for the Federal Arbitration Act); New York is home to a plethora of experienced professional arbitrators and arbitration centers; and the enforcement process for arbitration awards in the state courts is well established. Something else that sets New York law apart is that punitive damages are not allowed in private arbitration. Punitive damages are those designed to punish a party for its conduct or deter a party (and others) from wrongfully acting in the future, rather than compensate an injured party for the othe…

How the Second Circuit’s Decision in ‘Horror v. Miller’ May Haunt Production Companies for Years To Come

Written by Rosanne Felicello on . Posted in .
Like Jason’s appearance at the end of Friday the 13th, the Second Circuit’s recent decision in Horror Inc. v. Miller, No. 18-3123-cv, 2021 U.S. App. LEXIS 29479 (2d Cir. Sept. 30, 2021) invokes new life into the Copyright Act’s termination provision. 17 U.S.C.S. §203. Although the statute became effective on Jan. 1, 1978, the prospective nature of its terms meant that it did not have practical applicability until relatively recently. Under certain conditions, §203 of the Copyright Act provides that the author of a work “other than a work made for hire” may terminate the grant of a transfer or license under any copyright executed on or afte…

Felicello Law PC Settles Claim on Behalf of Beaufort Capital Partners, LLC

Written by Rosanne Felicello on . Posted in .
Felicello Law PC is pleased to announce the settlement of an action brought by client Beaufort Capital Partners, LLC (Beaufort) against Franjose Yglesias. Mr. Yglesias is the President of Santo Mining Corp., which does business as Santo Blockchain Labs Corp. (OTC:SANP). Santo focuses on the development of blockchain smart digital contracts. The settlement resolves claims by Beaufort based on loans to Yglesias which were secured by preferred stock in Santo. Beaufort was represented by Felicello Law partner Michael James Maloney. Felicello Law is a New York City-based boutique that handles complex business matters and disputes inv…
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