Nicholas O'Donnell

Nicholas O'Donnell

Sullivan & Worcester

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Fate of Museum Collections and Endowments Presents Hard Questions in Hard Times

Since analyzing the likely consequence of gallery and auctioneer insolvencies last month, we have been keeping an eye on how the economic crisis borne of the COVID19 pandemic is affecting the art world. Essentially every...more

4/21/2020  /  Art Collections , CARES Act , Coronavirus/COVID-19 , Fine Art , Museums , Paintings Sculptures and Engravings

Ten Years Later—Lessons Learned from the Museum of Fine Arts Boston Kokoschka Case

There has been some renewed interest in the case a decade or so ago involving a claim by the heir of Oskar Reichel’s family to a painting in the Museum of Fine Arts Boston: Two Nudes (Lovers) by Oskar Kokoschka. In response...more

3/27/2020  /  Fine Art , HEAR Act , Museums , Nazi Looted Art , Paintings Sculptures and Engravings , Statute of Limitations , Tolling Agreement

Paddle 8 Bankruptcy a Harbinger in the Time of COVID19 and the Coming Art World Crisis

Early last week the online auctioneer Paddle 8 filed for Chapter 11 bankruptcy in the Southern District of New York, on the heels of a recent lawsuit demanding payment for works of art sold at a charitable auction last...more

3/25/2020  /  Art Galleries , Artists , Bankruptcy Code , Bankruptcy Court , Chapter 11 , Commercial Bankruptcy , Coronavirus/COVID-19 , Fine Art , Museums

No Excuses left—SPK Restitutes Han Baldung Grien to Persecuted Artist's Heirs for Reasons that Germany Denies to Jewish Victims

The Stiftung Preussischer Kulturbesitz (Prussian Cultural Heritage Foundation, or SPK) in Berlin announced that it had agreed to restitute a 1537 painting of the biblical figure Lot by Hans Baldung Grien to the heirs of Hans...more

1/23/2020  /  Appraisal , Art Collections , Art Dealers , Cultural Artifacts , Fair Market Value , Fine Art , Germany , Heirs , Museums , Nazi Looted Art , Paintings Sculptures and Engravings , Restitution , Stolen Goods

In the Great Green Room, There was…a Shocking Theft—Historic Robbery in Dresden at State Art Collections

While the incomparable Goodnight Moon by Margaret Wise Brown and illustrated by Clement Hurd does not take place in Dresden, that is where today brought news of a robbery at the Staatliche Kunstsammlungen Dresden, the State...more

11/27/2019  /  Art Collections , Art Galleries , Cultural Artifacts , Fine Art , Museums , Paintings Sculptures and Engravings , Robbery , Stolen Goods

Thyssen-Bornemisza Prevails Over Cassirer Heirs' Claim to Pissarro Taken by Nazis Despite Acts “Inconsistent with the Washington...

One of the longest-running court cases in the United States about art looted by the Nazis has been decided in favor of the current possessor, the Thyssen-Bornemisza Museum in Madrid, an instrumentality of the Kingdom of...more

5/6/2019  /  Adverse Possession , Duty to Investigate , Extraterritoriality Rules , Fine Art , Foreign Sovereign Immunities Act of 1976 (FSIA) , International Litigation , Museums , Nazi Looted Art , Paintings Sculptures and Engravings , Stolen Goods

Germany and its Federal States Announce Collective Declaration with Respect to Colonial Artifacts and Human Remains

Debate has peaked in the last year or so about the treatment and possible restitution of so-called colonial artifacts in Western (i.e., European and North American) museums. The conversation is important for many reasons, but...more

3/25/2019  /  Art , Art Collections , Cultural Artifacts , Fine Art , Germany , Museums , Nazi Looted Art , Paintings Sculptures and Engravings , Restitution

Berkshire Museum Tries to End-Run Pending Appeal but Member Plaintiffs Decline to be Bullied

After four months of silence, the Berkshire Museum suddenly demanded last week that my clients dismiss their still-pending lawsuit over the governance of the museum by claiming that the April decision by the Single Justice of...more

8/17/2018  /  Appeals , Art , Art Collections , Art Sales , Article III , Fine Art , Motion to Dismiss , Museums , Paintings Sculptures and Engravings , Standing

Event—The Future of Nazi-Looted Art Recovery in the US and Abroad

I am pleased to be taking part in a symposium at the Skirball Center in Los Angeles on September 26, 2018, “The Future of Nazi Looted Art Recovery in the US and Abroad.” Presented by Cypress LLP and the Sotheby’s Institute of...more

7/26/2018  /  Art Collections , Fine Art , Museums , Nazi Looted Art , Restitution , Stolen Goods

Members of the Berkshire Museum Pledge to Continue Fight Against Liquidation of the Museum’s Art Collection

(Boston, MA, February 13, 2018) Sullivan & Worcester LLP clients and Berkshire Museum members James Hatt, Kristin Hatt, and Elizabeth Weinberg sharply denounced today the agreement that was announced Friday evening between...more

2/14/2018  /  Appeals , Art Auctions , Art Collections , Art Sales , Attorney General , Fine Art , Museums , Paintings Sculptures and Engravings , Preliminary Injunctions

Injunction Against Berkshire Museum Sale Is Extended

The Single Justice of the Massachusetts Appeals Court (Joseph A. Trainor) has extended the injunction against the Berkshire Museum's proposed sale of 40 works of art in its collection until at least January 29, 2018. In its...more

12/13/2017  /  Art Auctions , Art Collections , Art Sales , Attorney General , Fine Art , Museums , Paintings Sculptures and Engravings , Preliminary Injunctions

Something’s Rotten in Düsseldorf—Max Stern Exhibition Cancelled in Response to Restitution Claim

As Germany puts on the much-anticipated exhibition in Bonn of Cornelius Gurlitt’s disputed collection, a strange story has developed not too far away in Düsseldorf. The Stadtmuseum, which is administered by the city itself,...more

11/28/2017  /  Art Collections , Fine Art , Germany , Museums , Nazi Looted Art , Restitution , Stolen Goods

Appeals Court Stays Sale of Berkshire Museum Paintings

Attorney General’s Motion, Supported by Private Plaintiffs, is Allowed on the Eve of Auction The Massachusetts Appeals Court has stopped the imminent auction of paintings owned by the Berkshire Museum. Late Friday, a single...more

11/13/2017  /  Appeals , Art Auctions , Attorney General , Fine Art , Injunctions , Museums , Paintings Sculptures and Engravings

Massachusetts AG Asks Appeals Court to Halt Monday's Berkshire Museum Sale

The Massachusetts Attorney General has moved the Appeals Court of Massachusetts for an emergency injunction pending appeal of the November 7, 2017 decision denying the motions by the AG, my clients, and others, seeking to...more

11/13/2017  /  Art Auctions , Attorney General , Fine Art , Injunctions , Museums , Paintings Sculptures and Engravings

Members of Berkshire Museum File Suit Seeking Injunction Against Sale of Art Collection

Forty Masterpieces of American and European Art Scheduled for Auction - (Boston, MA, October 26, 2017) Sullivan & Worcester LLP has filed a lawsuit on behalf of Berkshire County residents and members of the Berkshire...more

10/27/2017  /  Art Auctions , Art Collections , Ethics , Fine Art , Injunctions , Museums , Non-Profits , Paintings Sculptures and Engravings

Rich Man/Poor Man? The Berkshire Museum and Why Deaccessioning is so Frustrating

Two wonderful museums recently announced plans to sell major works of art. In one case, some 40 paintings, American masterpieces among them, will be sold at auction. In another, more than 400 photographs will also be sold....more

8/24/2017  /  Art Sales , Cultural Artifacts , Fine Art , Museums , Paintings Sculptures and Engravings , Photographs

Herzog Heirs Win Again in Appeals Court on Jurisdiction Over Hungarian Museums

A federal appeals court has upheld the growing consensus that the Foreign Sovereign Immunities Act (FSIA) confers jurisdiction over foreign state actors in possession of art allegedly looted by and/or overseen by the Nazis....more

6/27/2017  /  Appeals , Expropriation , Fine Art , Foreign Sovereign Immunities Act of 1976 (FSIA) , Heirs , Hungary , Jurisdiction , Museums , Nazi Looted Art , Restitution , Sovereign Immunity , Stolen Goods

Sea Change in Nazi-looted Art Claims? The HEAR Act is Put Into Action

Two pending cases have invoked the new law - A recent article in the New York Times highlights the change that the recent passage of the Holocaust Expropriated Art Recovery (HEAR) Act of 2016 has had on disputes about...more

3/3/2017  /  Fine Art , HEAR Act , Laches , Museums , Nazi Looted Art , Preemption , Statute of Limitations , Stolen Goods

Gurlitt Bequest to Kunstmuseum Bern is Upheld

Cousin Had Challenged His Capacity to Make a Will Shortly Before 2014 Death - After a two-year legal battle, the Oberlandesgericht in Munich has upheld the dismissal of Uta Werner’s challenge to the will made by...more

12/15/2016  /  Artists , Beneficiary Designations , Germany , Museums , Nazi Looted Art , Paintings Sculptures and Engravings , Switzerland , Testamentary Capacity , Wills

Changes to Limbach Commission Announced, Real Change Now Seems Out of Reach

Three New Members Are Added but German Museums Can Still Decline to Participate - After nearly a year of hinting at changes the Advisory Commission in Germany that makes recommendations to state museums on claims for...more

11/17/2016  /  Administrative Appointments , Advisory Commissions , Germany , Museums , Nazi Looted Art

Restitution Claims Resolved in New York and Cologne, New Case Filed Against Germany

Word came this week of two resolutions of claims to Nazi-looted art in museums in New York and Cologne, and a new Nazi-looted claim against Germany filed in Washington. Barely a month after the Neue Galerie (of Austrian and...more

9/29/2016  /  Art Collections , Fine Art , Foreign Sovereign Immunities Act of 1976 (FSIA) , Museums , Nazi Looted Art , Restitution , Settlement , Stolen Goods

Restitution Legislation: HEAR Act and Foreign Cultural Exchange Jurisdictional Clarification Act Move Forward

Two restitution related bills have advanced past the Judiciary Committee of the United States Senate: the Holocaust Expropriated Art Act (S.B. 2763, the HEAR Act), and the Foreign Cultural Exchange Jurisdictional...more

9/19/2016  /  Asset Seizure , Fine Art , Foreign Sovereign Immunities Act of 1976 (FSIA) , Foreign Sovereigns , HEAR Act , Museums , Nazi Looted Art , Proposed Legislation , Restitution , Russia , Stolen Goods

Norton Simon Museum Prevails Against Von Saher Claim to Cranachs Looted by the Nazis

Just as it appeared that the first trial in years would begin next month on a claim of Nazi-looted art, the much publicized Von Saher case has come to an end with a judgment that entered yesterday. The U.S. District Court...more

8/17/2016  /  Fine Art , Heirs , International Litigation , Museums , Nazi Looted Art , Paintings Sculptures and Engravings

Live from the Oscars! German Cultural Ministry Disparages Possible Inclusion of Jewish Member on Advisory Commission

The New York Times reports today that Germany will pay for “at least” one more year of the Gurlitt Task Force, which recently concluded its initial term of appointment amidst criticism of the German government’s handling of...more

3/4/2016  /  Art , Artists , Germany , Heirs , Museums , Stolen Goods
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