The U.S. Court of Appeals for the Ninth Circuit has upheld the judgment against Marei von Saher on her claims against the Norton Simon Museum in Pasadena to recover Adam and Eve by Lucas Cranach the Elder. The Cranachs...more
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
(WASHINGTON-July 10, 2018) The U.S. Court of Appeals for the D.C. Circuit has affirmed the right of the heirs to the so-called Guelph Treasure (known in German as the Welfenschatz) to seek restitution in U.S. courts for the...more
The idea of moral rights continues to be a notable difference between European and American intellectual property rights with respect to visual arts. Last week’s decision by the U.S. Court of Appeals for the 9th Circuit in a...more
7/10/2018
/ Artists ,
Commerce Clause ,
Copyright ,
Dormant Commerce Clause ,
EU ,
First Sale Doctrine ,
Intellectual Property Protection ,
Preemption ,
Royalties ,
Supremacy Clause ,
The Copyright Act ,
Visual Artists Rights Act (VARA)
(WASHINGTON, D.C.-June 27, 2018) Alexander Khochinsky, the son of a Polish Jew who fled her home just steps ahead of the German invasion in 1941, has filed a lawsuit in the U.S. District Court for the District of Columbia...more
6/28/2018
/ Bad Faith ,
Criminal Prosecution ,
Extradition ,
Extraterritoriality Rules ,
Fine Art ,
Foreign Sovereigns ,
International Litigation ,
Nazi Looted Art ,
Poland ,
Probable Cause ,
Restitution ,
Retaliatory Arrests ,
Stolen Goods
I am pleased to report on the outcome of a matter we announced in February. After a disagreement with the City of Palo Alto (California) about her sculpture Digital DNA, Sullivan & Worcester LLP client Adriana Varella has...more
The decision by a New York court last month in favor of the Agnes Martin Catalogue Raisonné (AMCR) in a lawsuit by the Mayor Gallery Ltd in the United Kingdom is the latest in a series of disputes over the practice of...more
Casting aspersions about the art market is a popular pastime. And no doubt there is much about the commercial art world that invites this criticism, not least a tendency towards secrecy (or discretion, depending whom you...more
The recent announcement of the launch of the Court of Arbitration for Art (CAA) is exciting and intriguing news. There is nothing peculiar to the art market or the art world about the existence of disputes—any businessperson...more
Since the passage in 2016 of the Holocaust Expropriated Art Recovery (HEAR) Act, many commenters (here included) have grappled with what the implications of the law will be on the scope and frequency of future claims. Even as...more
(Boston, MA, February 26, 2018) Sullivan & Worcester LLP clients and Berkshire Museum members James Hatt, Kristin Hatt, and Elizabeth Weinberg filed today a brief with the Supreme Judicial Court of Massachusetts asking the...more
(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
Sullivan & Worcester LLP has taken action on behalf of its client, artist Adriana Varella, to protect her sculpture Digital DNA from removal and destruction by the City of Palo Alto, California. Digital DNA has stood in the...more
(Boston, MA, January 16, 2018) Sullivan & Worcester LLP has filed its papers in the appeal by its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture. The appeal...more
Readers of the Art Law Report will know that we have regularly touted the collaborative efforts of the Art Law Centre of the University of Geneva, the Fondation pour le Droit d’Art (Art Law Foundation), and now the...more
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
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
Sullivan & Worcester LLP has filed an appeal on behalf of its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture. The appeal is brought as a result of the...more
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
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
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
Only Sixth Work Revealed As Looted Since 2013 -
The Deutsches Zentrum Kulturgutverluste (the German Center for Cultural Property Losses) issued a press release today that an additional work from the collection of the late...more
The National Gallery London hosted on September 12, 2017 the much-anticipated conference “70 Years and Counting: the Final Opportunity?” organized by the United Kingdom Department for Digital, Culture Media & Sport (DCCS),...more
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
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