News & Analysis as of

Fine Art Paintings Sculptures and Engravings

Sullivan & Worcester

Allentown Art Museum to Auction Cranach Painting Once Owned by Collector Persecuted in Nazi Germany

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I was proud to advise the Allentown Art Museum, which announced today that it has reached an agreement with the heirs of Henry and Hertha Bromberg concerning Portrait of George, Duke of Saxony by Lucas Cranach the Elder and...more

Sullivan & Worcester

Schiele Drawing Returned to Heirs by Family that Also Fled Nazi Persecution

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I attended today’s press conference at District Attorney Alvin Bragg, Jr.’s office in Manhattan at which a drawing by Egon Schiele, Seated Nude Woman, Front View, was transferred to the heirs of Fritz Grünbaum. I represent...more

Flaster Greenberg PC

What To Do If You Inherit Fine Art: Flaster Greenberg

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Inherited art can be sentimental, beautiful, and valuable, but it can sometimes feel overwhelming. Depending on your personal situation, you have several options: you can keep and preserve the artwork, donate it to charity,...more

Sullivan & Worcester

Best Practices for Nazi-Era Art Presented at Special Event in Washington

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I was honored to be among the speakers this week at the United States Holocaust Memorial Museum on March 5, 2024. Convened by the World Jewish Restitution Organization and the U.S. State Department, the event announced the...more

Gray Reed

The Fine Print: IRS Examination of Artwork

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Many taxpayers have art collections. However, the art collections of some high-net-worth individuals, family offices, and business taxpayers may draw the unwanted eye of the IRS. With the increased focus on auditing...more

Sullivan & Worcester

Thyssen-Bornemisza wins Pissarro painting sold under Nazi duress by Lilly Cassirer

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The U.S. Court of Appeals for the 9th Circuit ruled on January 9, 2024 that the Thyssen-Bornemisza Collection Foundation in Madrid is the owner of Rue Saint–Honoré, après-midi, effect de pluie (1892) by Camille Pissarro, a...more

Dorsey & Whitney LLP

Fearless Girl Statue Decision Says No Need to Fear Contracts - But Be Cautious Drafting Them!

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A 4-foot tall, bronze girl defiantly stands with her hands on her hips and chin held high. Better known as Fearless Girl, the statue was intended to promote the power of women in leadership. The statue has come also to...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Sullivan & Worcester

New Law Requires Museums in New York to Display Information About Nazi Art Looting, May be More Complicated than it Looks

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New York Governor Kathy Hochul has signed into law a new requirement requiring museums to indicate publicly any object in their collection that was displaced by the Nazis as part of what Congress has rightly called the...more

Patrick Malone & Associates P.C. | DC Injury...

Better Healthcare Newsletter from Patrick Malone - August 2022

For too many patients, medicine now revolves around two things: pills and procedures. But since humanity’s earliest times, those treating the sick and injured often have turned to more human sources for help in healing: art,...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Cassirer et al. v. Thyssen-Bornemisza Collection Foundation

On April 21, 2022, the U.S. Supreme Court decided Cassirer et al. v. Thyssen-Bornemisza Collection Foundation, No. 20-1566, holding that federal courts hearing state-law claims under the Foreign Sovereign Immunities Act...more

Sunstein LLP

Artwork Created by Artificial Intelligence (AI) Not Eligible for Copyright

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In 2018, Steven Thaler filed an application to register a copyright for a computer-generated image created autonomously by a computer algorithm, the “Creativity Machine”. (We previously wrote about Mr. Thaler’s unsuccessful...more

Sullivan & Worcester

Responsible Art Market Initiative­--Intermediaries and Sustainability in the Art Market January 28, 2022 in Geneva

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After a two-year hiatus, the Responsible Art Market Initiative is planning a return to its in-person annual conference at the end of this month in Geneva. For anyone who has attended RAM events or used its catalogue of...more

Sullivan & Worcester

Sullivan Files Supreme Court Amicus Brief with former State Department Legal Adviser in Nazi-looted Art Case

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Today I am pleased to announce that I have filed a brief in the Supreme Court of the United States as counsel of record for amicus curiae Mark B. Feldman, former U.S. Department of State Acting Legal Adviser. We filed the...more

Sullivan & Worcester

FinCEN Issues Notice of Proposed Rulemaking to Regulate Dealers in Antiquities

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The Treasury Department’s Financial Crimes Enforcement Network (FinCEN) today published in the Federal Register notice of proposed regulations related to the implementation of amendments to the Bank Secrecy Act (BSA)...more

Sullivan & Worcester

Alexander Khochinsky Petitions DC Circuit to Rehear en banc His Holocaust Restitution Retaliation Case Against Poland

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Last week, on behalf of our client Alexander Khochinsky, an art dealer, we filed a petition to rehear en banc the June 18, 2021 decision by a three-judge panel affirming the dismissal of the lawsuit against Poland for lack of...more

Sunstein LLP

Warhol, Prince, and a Continued Narrowing of Copyright’s Fair Use Doctrine

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In a decision last month, the Second Circuit Court of Appeals continued its recent trend of narrowing the fair use defense in copyright cases. The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith involved a...more

Adler Pollock & Sheehan P.C.

The Art of Estate Planning

An art collection is a special asset to account for in an estate plan - It goes without saying that your art collection, including paintings, sculptures and other pieces of art, can represent a significant portion of your...more

Sullivan & Worcester

At U.S. Supreme Court, Jewish Heirs Lay Claim to Treasure Taken by Nazi Agents in 1935

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(WASHINGTON-October 22, 2020) The heirs to the Jewish art dealers who were forced to sell the medieval devotional art collection known as the Welfenschatz (in English, the Guelph Treasure) to agents of Hermann Goering in 1935...more

Sullivan & Worcester

A Deaccessioning Decision Tree Grows in Brooklyn—Selling Museum Art in Hard Times

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Robin Pogrebin at the New York Times has written an excellent piece on the news that the Brooklyn Museum intends to sell several works from its collection to raise money. The museum explicitly relies on the pandemic-inspired...more

Sullivan & Worcester

“Moralistic Preening” and Broken Commitments Under the Washington Principles—Ninth Circuit Chastises Spain for Keeping Nazi-looted...

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The U.S. Court of Appeals for the Ninth Circuit yesterday affirmed the 2019 judgment that allowed the Thyssen-Bornemisza Collection Museum in Madrid to retain Camille Pissarro’s Rue St. Honoré, après-midi, effet de pluie (Rue...more

Ballard Spahr LLP

Using Art to Evade Sanctions and Launder Money: The Senate Report

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Is Art an “Ideal Playing Ground” for Money Laundering? Last week, the Permanent Subcommittee on Investigations for the U.S. Senate released a detailed, 147-page report titled “The Art Industry and U.S. Policies That...more

Sullivan & Worcester

U.S. Supreme Court Will Hear Germany’s Appeal to Keep the Guelph Treasure, Taken by Nazi Agents in 1935

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(WASHINGTON-July 2, 2020) The United States Supreme Court today agreed to hear the appeal by Germany and the Stiftung Preussischer Kulturbesitz (SPK) seeking to dismiss the restitution claim by the heirs to the so-called...more

Sullivan & Worcester

U.S. Solicitor General’s Office Advocates Broad Impunity for Nazi Art Thefts

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Late Tuesday evening—the day after Memorial Day no less—the United States Office of the Solicitor General filed a brief amicus curiae in our clients’ pending case against the Federal Republic of Germany and the Stiftung...more

Sullivan & Worcester

Paddle 8 Creditors Battle Over Scope of New York Consignment Law

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Since online auctioneer Paddle 8 filed for bankruptcy protection in March, creditors of the company have begun filing their notices of claim in the bankruptcy case. One thing on which the creditors all seem to agree is that...more

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