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
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
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 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
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
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
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
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
For several years the topic of litigation against appraisers and authenticators has been a controversial issue, causing a number of artists’ foundations and independent professionals to refrain from giving opinions for fear...more
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