Carter Ledyard Partner Judith Wallace was quoted in The Art Newspaper on the U.S. Supreme Court’s March 23, 2020 decision in Allen v. Cooper, which struck down the Copyright Remedy Clarification Act on the ground its attempt to abrogate state sovereign immunity from copyright claims was too broad. Ms. Wallace pointed out that “today’s decision does not mean that states can violate intellectual property rights with impunity,” because the court recognized that copyrights are property, and that Congress would be authorized to enact a law that prevents states from violating those property rights intentionally or recklessly without providing due process. See the article here.
