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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…

Felicello Law PC Defeats Summary Judgment Motion by Xcel Brands Inc.

Written by Rosanne Felicello on . Posted in .
New York, New York, and Orange County, California August 11, 2021 Felicello Law PC defeated a motion for summary judgment filed by Xcel Brands, Inc. (NASDAQ:XELB) in a long-running dispute over $1.2 million owed to its client Texmont Design Limited (Texmont). Texmont, a Hong Kong-based garment manufacturer, had initiated the litigation based on its allegations that it had agreed to produce garments bearing the ‘H Halston’ and ‘H by Halston’ labels in reliance on an agreement by Xcel to make good on all payments owed for the production of the garments. Texmont alleges that Xcel received over $1.5 million in revenue derived from sales of the…
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