Daily Archives: Tuesday, April 3, 2018

Posted: April 3, 2018

First Department Denies Motion to Stay Order Directing Excess Insurers to Advance Defense Costs

This blog previously covered Justice Sherwood’s decision in Freedom Specialty Ins. Co. v. Platinum Mgt. (NY), LLC, 2017 NY Slip Op 32728(U), which granted a preliminary injunction directing three excess D&O insurers to advance attorneys’ fees and costs for the defense of a securities fraud prosecution and a related SEC enforcement action.  (N.B. I represent one of the insureds… Read more »

Posted: April 3, 2018

Computer-Generated Avatar May Constitute a “Portrait” Within the Meaning of Civil Rights Law Article 5

On March 29, 2018, the Court of Appeals issued a decision in Lohan v. Take-Two Interactive Software, Inc., 2018 NY Slip Op. 02208, holding that a computer-generated avatar may constitute a “portrait” within the meaning of Civil Rights Law article 5, explaining: The language of a statute is generally construed according to its natural and… Read more »