Art, Entertainment & Sports Wills, Trusts, & Estate Planning

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Legal Implications of the Sterling Trust Dispute

While the attention of most Miami basketball fans was focused on the Heat’s bid for a third consecutive title, Clippers fans look forward to a new owner in Microsoft CEO Steve Ballmer. Donald Sterling is challenging the...more

Last Wishes, First Impression: Potential legal issues arise after Munich recluse passes away, bequeathing Nazi-looted art to a...

Cornelius Gurlitt’s notarized will, which did not surface until after his unexpected death this past May, lists the Kunstmuseum Bern in Switzerland as the heir to his vast art collection, which included works by Matisse, Dix,...more

Privacy or Property? Arizona Court Adopts Post-Mortem Right of Publicity In Intra-Family Online Dispute

The right of publicity, i.e., the right not to have others appropriate your name or image for commercial purposes, is an odd duck. It was described by Professor Prosser in 1960, and later in the Restatement of Torts, as of...more

Phillip Seymour Hoffman’s Last Wishes—I Want My Son to be Raised as a New Yorker

Phillip Seymour Hoffman’s life tragically ended far too soon for movie fans, and I’m sure for his three children as well. His will left his reported $35.0 million fortune to his long-time girlfriend, and if she did not...more

Heirs’ Right of Publicity

When I read about one of the recent “right of publicity” cases, I thought back to the Eighties and “Who Shot JR?” This is because Mary Crosby, as the character Kristin Shepard, was the one who shot JR in 1980 on the widely...more

The Bill Graham Show Goes On … and On - Graham-Sult v. Clainos

The U.S. Court of Appeals for the Ninth Circuit concluded that the federal district court erred in dismissing claims for copyright infringement, conversion and declaratory relief brought by the sons of the late concert...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 30, 2014

Smith v. Sunshine Sound Enterprises, Inc., USCA, 11th Circuit, January 22, 2014 - Eleventh Circuit reverses dismissal of estate’s claims for copyright infringement, holding that songwriter who assigned his legal rights...more

Atari Files Reorganization Plan to Exit Bankruptcy

Atari Files Reorganization Plan to Exit Bankruptcy by Joel R. Glucksman on October 4, 2013 Video-game maker Atari, Inc. has filed a reorganization plan in the U.S. Bankruptcy Court in Manhattan with the support of its...more

Should Detroit Follow Central Falls’ Bankruptcy Strategy?

Should Detroit Follow Central Falls’ Bankruptcy Strategy? by Joel R. Glucksman on August 6, 2013 In the wake of Detroit filing the largest municipal bankruptcy in U.S. history, many analysts are looking at the...more

“Why Don’t you Marry the Girl?”: How the 1909 Copyright Act Helped Bring Down DOMA

When Tin Pan Alley composer B.G. “Buddy” DeSylva co-composed such 1920’s hits as California Here I Come, Sonny Boy and If You Knew Susie (and lesser-known works such as Why Don’t You Marry the Girl?) he may have understood...more

Estate Planning: Lessons Learned From Angelina Jolie

Estate Planning: Lessons Learned From Angelina Jolie Angelina Jolie disclosed that she had a double mastectomy and that she would have her ovaries removed to help prevent breast and ovarian cancer that she may be...more

When Athletes Retire, Is the Next Step Bankruptcy or Paradise?

The "paradise" stories for the post-playing careers of professional athletes are without a doubt under told. The success of Roger Staubach in building a real estate empire, the multiple businesses of NBA all-stars Magic...more

Estate Planning: Lessons Learned From Lil Wayne

Estate Planning: Lessons Learned From Lil Wayne Lil Wayne was hospitalized In California in March of 2013 after suffering from several severe seizures. Lil Wayne also known as Dwayne Carter is best known as a...more

Estate Planning: Lessons Learned From Lakers Owner Jerry Buss

Estate Planning: Lessons Learned From Lakers Owner Jerry Buss Jerry Buss died in February 2013 at age 80 from kidney failure after a battle with cancer. Buss is best known as the owner of one of America's most high profile...more

Estate Planning For Actors And Athletes September 19, 2012

In This Presentation: General Estate Planning Opportunities; Challenges and Opportunities Relating To Public Persona; Special Asset Types and Character of Property; Alternative Family Structure Opportunities; and...more

Advanced Estate and Tax Planning for Art and Other Fine Collections

A composite of studies of trust and estate attorneys, trust officers, and financial planners revealed that: • Fewer than 10% of plans for their clients addressed art, antiques, and collectibles • Fewer than 10% used art...more

Whitney’s Will is Public

Whitney Houston’s Last Will and Living Testament was leaked by the tabloids this week. Of course, it did not take much detective work for the tabloids to “leak” Whitney’s estate plan, as all wills must pass through probate...more

A Wish List for Whitney Houston’s Daughter and the Families of Other Artists

The recent attention paid to the probate of the will of the late Whitney Houston is only a very small slice of a very complex estate. The complexity is primarily due to certain assets that are part of the estate and must be...more

Section 2704 Tackles Estate For A Claims Court Loss

EXECUTIVE SUMMARY: A company formed to operate an NFL franchise runs afoul of Section 2704 at the death of its principal stockholder. While the estate put forth some creative arguments to elude the grasp of Section 2704,...more

Authentication Board to Death by Lawsuits

The recent news that the Andy Warhol Art Authentication Board, Inc. will dissolve in early 2012 brings the role of authentication boards in the art world to the fore once again. The Board, which has been charged with...more

PLR 201119003 No Gifts Triggered by Trust Transfers to Resolve Family Discord

Erskine Summary: The IRS has privately ruled that transactions between a marital trust and a decedent's children from his first marriage to resolve discord between his surviving spouse and her stepchildren over the management...more

Tax Planning with copyrights for artists and collectors

The IRS treats the tangible artwork and the intangible copyrights as two separate assets, so collectors and artists have an advantage on gifting each separately to charitable and non-charitable beneficiaries for both estate...more

The Art Of Taxes: Major Changes To The Federal Transfer Tax System

Ars longs, vita brevis. Art is immortal, artists are mortal. Taxes impinge on every part of the art world and are a concern for both artists and collectors. Planning for and administering estates of artists and owners of art...more

Never Underestimate the Power of Addiction

THE POWER OF ADDICTION Never, ever, I mean do not underestimate the power of addiction. Whether it is your addiction, a family member’s addiction or a friend’s addiction, it is all the same. Some are more self...more

Protecting An Artist's Legacy Through Estate Planing, Probate and Post-Death Administratin Part 2

Part 2 of 2: In the US alone, thousands of copyright creators and/or copyright owners die each year. How many of these folks create a comprehensive estate plan, or even a basic will or simple trust? The goal of estate...more

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