In rare but refreshing bipartisan good news out of Congress, Senator Thom Tillis (R – North Carolina…
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Members of Congress Stand Up for Property Rights

In rare but refreshing bipartisan good news out of Congress, Senator Thom Tillis (R – North Carolina) and Representatives Ben Cline (R - Virginia), Theodore Deutch (D - Florida), Martha Roby (R - Alabama) and Harley Rouda (D – California) have just taken a firm stand protecting property rights – copyrights specifically – and merit our praise.

As we’ve long highlighted, property rights constitute a central pillar of “American Exceptionalism,” and that includes intellectual property (IP) rights – copyrights, patents, trademarks and trade secrets.   Our Founding Fathers considered IP so important that they deliberately and explicitly singled it out for protection in the text of the Constitution.  As a direct result, we’ve become the most innovative and prosperous nation…[more]

December 06, 2019 • 02:15 pm

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Jester's CourtroomLegal tales stranger than stranger than fiction: Ridiculous and sometimes funny lawsuits plaguing our courts.
Home Jester's Courtroom The Art of Suing over a Sculpture
The Art of Suing over a Sculpture Print
Thursday, July 18 2019

A lawyer is being sued by a Manhattan art collector who claims the Park Avenue attorney swindled him out of a bronze sculpture for a fraction of the value.

Art collector Stuart Pivar is suing attorney John McFadden for $200 million after selling him Mademoiselle Pogani II, a piece by noted Romanian sculptor Constantin Brancusi, for $100,000. Pivar alleges he believed McFadden was brokering a deal with an auction house or museum for the sale of the sculpture.

According to the lawsuit, McFadden convinced Pivar to accept $100,000 from him for the sculpture and to have the owner listed as McFadden because it would be “advantageous” to both men if the sale was made with the attorney, rather than the art collector, listed as the owner. Now, McFadden claims he is the rightful owner of the sculpture; Pivar claims he was swindled.

“The aforesaid conduct by (McFadden) constitutes a theft by deception and a fraud [from the beginning]  as it was never the intention of the defendant to offer the sculpture for sale to the museum, but rather to obtain ownership of the statue itself by deceit, misrepresentation and subterfuge,” the suit reads.

According to the lawsuit, McFadden was fired from a Philadelphia museum for misconduct in 2014. The actual value of the sculpture was not referenced in the lawsuit.

Source: nypost.com

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