Counsel’s Past Acts Spur Bond Order in Katie Holmes Photo Row (1)
Art Law

Counsel’s Past Acts Spur Bond Order in Katie Holmes Photo Row (1)

A federal court ordered a photographer alleging copyright infringement of a photo of Katie Holmes and her daughter to post bond for costs. A photographer alleging copyright infringement of his photo of actress Katie Holmes must post $10,000 bond to ensure he can reimburse costs if he loses—in part because of his counsel’s past conduct. Jackson Lee said W. Architecture and Landscape Architecture LLC infringed his photo of Holmes and her daughter by incorporating it into a New York City street window ad. W. Architecture asked a federal district court to make Lee post $10,000 bond to cover potential court-awarded costs, after it said the photographer declined a settlement offer 50 times his highest standard fee. The U.S. District Court for the Eastern District of New York granted the request after considering factors including W. Architecture’s defenses, Lee’s potential ability to pay, and Lee counsel Liebowitz Law Firm PLLC’s “history of violating court orders.” Neither Lee nor Richard P. Liebowitz, the firm’s founder, immediately responded to requests for comment. The ruling shows past attorney conduct can influence decisions implicating credibility, even if the party itself has no history of defying courts. It also highlights the risk of declining an […]

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