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
News Accompanied by Deafening Silence About Ongoing Restitution Policy Failures
The German government announced recently that it had returned an additional work of art found in the Salzburg home of Cornelius Gurlitt in...more
A controversial painting removed from display at the U.S. Capitol will not be returning to display after the U.S. District Court denied a request for an injunction before the exhibition in question came to an end. While the...more
McDonald’s recently prevailed on personal jurisdiction grounds in a closely-watched case in California about the use of street art as décor for restaurants in the United Kingdom, but the issue has quickly arisen again. As...more
After a recent discussion about whether the new Fearless Girl sculpture by Kristen Visbal in Lower Manhattan might implicate the copyright of the earlier Charging Bull sculpture that has been there for nearly three decades,...more
The United States District Court for the District of Columbia has ruled that Germany can be sued for the return of Nazi-looted art and artifacts under the Foreign Sovereign Immunities Act. This is the first time Germany will...more
The decision on Friday to allow our clients’ claims to proceed against German and the Stiftung Preussischer Kulturbesitz for the restitution of the Guelph Treasure (or Welfenschatz) is ground-breaking in important respects,...more
The United States District Court for the District of Columbia has ruled that claims over the famed Guelph Treasure can proceed against Germany in a United States court. This is the first time Germany will have to defend...more
The sudden appearance near Wall Street on March 8, 2017 of The Fearless Girl, a bronze life-sized depiction of a roughly ten-year old girl staring defiantly at the famous Charging Bull sculpture has prompted headlines...more
We reviewed in December an important decision that addressed the duties of loyalty that art advisors may, or may not, owe to their clients in dealing in the art market. That question—of to what extent advisors and...more
3/17/2017
/ Art Sales ,
Breach of Contract ,
Breach of Duty ,
Buyers ,
Contract Terms ,
Disgorgement ,
Duty of Loyalty ,
Fine Art ,
Fraud ,
Misrepresentation ,
Paintings Sculptures and Engravings ,
Sellers
For several weeks earlier this year, an odd battle was waged in the halls of the U.S. Capitol over a controversial work of art by a high school student placed there after an art competition in St. Louis. At issue is whether...more
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
I was pleased to attend last week in Geneva “Building an Art Market for the Future—Guidelines for Countering Money Laundering and Terrorist Financing Threats” hosted by the Fondation pour le Droit d’Art (Art Law Foundation)...more
There has been much discussion about the impact of the Presidential election on the art market, amidst much generalized anxiety about "fake news." What about "fake art?" Never one to be behind the curve, artist Richard...more
With reports that Russia is considering abandoning the nearly five year old embargo on loans of cultural artifacts into the United States, the cited connection between that willingness and the recent passage of the Foreign...more
The ongoing saga between Yves Bouvier and Dmitri Rybolovlev over Bouvier’s sale to the Russian billionaire of Leonardo’s Salvator Mundi (and a recent preemptive suit by Sotheby’s against the original sellers of the work to...more
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
Congress has passed and President Obama is expected to sign two bills related to looted art and the availability of U.S. courts to hear disputes over them. The Holocaust Expropriated Art Recovery (HEAR) Act of 2016 and the...more
Paintings by Beckmann, Gris and Klee Valued at Nearly $20 Million That Once Belonged to Flechtheim Are at Issue in New York Lawsuit -
Sullivan & Worcester LLP has filed suit against Bavaria and its state museums in U.S....more
Estate of Graffiti Artist Sues McDonald’s Over Fast-Food Décor -
The estate of Dashiell “Dash” Snow, better known as graffiti artist “Secret Snow”—has sued McDonald’s over allegedly infringing use of Snow’s street art...more
Use of Confederate Flag in California Painting and Klan Imagery in Massachusetts Leads to Removal of Controversial Works -
Two recent interventions by public authorities to remove controversial works of art underscore...more
11/28/2016
/ Compelling Governmental Interest ,
Confederate Flag ,
Content-Neutral ,
Fine Art ,
First Amendment ,
Free Speech ,
Freedom of Expression ,
Ku Klux Klan ,
Paintings Sculptures and Engravings ,
Public Forum ,
Viewpoint Discrimination
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
The Holocaust Expropriated Art Recovery (HEAR) Act of 2016 has been pending for several monthsnow, and was recently recommended favorably by the Senate Judiciary Committee in September. The bill would create a uniform...more