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Copyright Law

: The Art Law Blog

Minor Skirmishing

By Intellectual Property Law, Esq.

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In the Halsey Minor-Sotheby's litigation, the parties are skirmishing over whether Minor's separate class action lawsuit in California can proceed, but, in their most recent brief, filed earlier this week, Sotheby's gets in a few jabs on the substance (all citations omitted):

"Minor argues in conclusory terms that 'because Sotheby?s employs a disclosure standard that contravenes the mandates of New York City?s auction house disclosure law, Minor has sought redress for this systematic violation on a classwide basis.' However, Minor pointedly ignores Sotheby?s discussion [in their previous brief] of 'New York City?s auction house disclosure law.' As we discussed, the New York City department of Consumer Affairs ? the agency that promulgated and administers the City?s 'auction house disclosure law' ? has determined that Sotheby?s 'disclosure standard' is in full compliance with that law. Minor cannot dispute that this agency determination should be enforced in accordance with well-settled law."

Full post as published by The Art Law Blog on November 06, 2008 (boomark / email).

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