Nicholas O'Donnell
Nick’s practice focuses primarily on complex civil litigation. He represents manufacturers, individuals, investment advisers, banks, and others around the world in contract, securities, consumer protection, tort and domestic relations cases, with particular experience in the German-speaking world. He is also the editor of the Art Law Report, a blog that provides timely updates and commentary on legal issues in the museum and visual arts communities, one of his areas of expertise. Nick is a member of the Art Law Committee of the New York City Bar Association. Additionally, Nick has authored and contributed to several books on art law: — A Tragic Fate—Law and Ethics in the Battle Over Nazi-Looted Art, (Ankerwyke/ABA Publishing, 2017) — “Public Trust or Private Business? Deaccessioning Law and Ethics in the United States,” in Éthique et Patrimoine Culturel - Regard Croisés, G. Goffaux, ed., (L’Harmattan, 2016) — “Vergangenheit als Zukunft? Restitutionsstreitigkeiten in den Vereinigten Staaen,” in Ersessene Kunst—Der Fall Gurlitt, J. Heil and A. Weber, eds., (Metropol, 2015) — “Nazi-Looted Art—Risks and Best Practices for Museums,” in The Legal Guide for Museum Professionals, Julia Courtney, ed., (2015, Rowman & Littlefield)
I am pleased to report that A Tragic Fate—Law and Ethics in the Battle Over Nazi-Looted Art (Ankerwycke) has been named one of Kirkus Reviews’ 100 Best Indie books of 2017.
A Tragic Fate received a star review from Kirkus in June, one of only 10% of reviews to receive that designation. Now, A Tragic Fate has been honored as a selected “Best of 2017” from among those small number of starred review.
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Topics:
Nicholas M. O'Donnell,
A Tragic Fate,
Law and Ethics in the Battle Over Nazi-Looted Art,
Kirkus Reviews
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 order today in response to the Attorney General's status report, the justice stated:
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Topics:
Berkshire Museum,
Attorney General,
Maura Healey,
Single justice,
Massachusetts Appeals Court,
Joseph A. Trainor
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, had organized—but now cancelled—“Max Stern: from Düsseldorf to Montreal.” The exhibition was scheduled to open in February in Düsseldorf, before traveling to the Haifa art museum in September of 2018 and to the McCord Museum in Montreal in 2019. The city’s acknowledgement that the decision was based on a claim for restitution from the Max Stern Estate is a disturbing development that provides no sound reason to cancel a show about an important dealer who, it is undisputed, was a seminal figure of Nazi persecution.
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Topics:
Nuremberg laws,
Cologne,
Cornelius Gurlitt,
Germany,
The Art Newspaper,
Köln,
Nazi-looted art,
Düsseldorf,
The New York Times,
A Tragic Fate,
Max Stern from Düsseldorf to Montreal,
McCord Museum,
Reichskammer der bildenden Künste,
Dr. and Mrs. Max Stern Foundation,
Max Stern Restitution Project,
Girl from the Sabine Mountains,
Max Stern,
Haifa,
Francis Xavier Winterhalter,
Mädchen aus den Sabiner Bergen,
The Artist’s Children,
Wilhelm von Schadow,
Düsseldorf Kunstpalast,
Andreas Achenbach,
Sicilian Landscape,
Norwegian Landscape,
Galerie Max Stern,
Mayor Thomas Geisel
I’m looking forward to taking part in an event on Thursday hosted by Fortress Museum Quality Storage in Boston discussing art collecting in the context of wealth management. Panelists are listed below, RSVPs can be sent to info@artadvisors.org by today.
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Topics:
Sullivan & Worcester LLP,
Fortress Museum Quality Storage,
The College Club of Boston,
Margaret Bussiere,
U.S Trust,
Henry B. Greenberg,
Megan Fox Kelly,
Thomas Burns
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 Berkshire County Superior Court’s November 7, 2017 denial of their request for an injunction, and dismissal of the case (before the Appeals Court utlimately enjoined the sale until at least December). That Superior Court order denied not only the members’ request, but also a motion by another group that include Norman Rockwell’s sons and the motion by Attorney General Maura Healey to pause the sale originally scheduled for November 13, 2017 at Sotheby’s in New York—a sale that would have included Rockwell’s Shuffleton’s Barbershop and other masterpieces.
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Topics:
Norman Rockwell,
Sullivan & Worcester LLP,
Sotheby's,
Nicholas M. O'Donnell,
Berkshire Museum,
Zenas Crane,
Shuffleton’s Barbershop,
Attorney General,
Maura Healey,
Berkshire County Superior Court
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 justice of the Appeals Court issued the following order:
ORDER: After reviewing the parties' submissions, the request for a preliminary injunction prohibiting the defendant, Trustees of the Berkshire Museum from selling, auctioning, or otherwise disposing of any of the artworks that have been listed for auction commencing on November 13, 2017, is allowed. The balance of the risk of irreparable harm to the petitioner and the respondent in light of each party's chance of success on the merits weighs in favor of the petitioner.
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Topics:
Nicholas M. O'Donnell,
Pittsfield,
Berkshire Museum,
Attorney General,
Maura Healey
Forty Masterpieces of American and European Art Scheduled for Auction
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Topics:
Norman Rockwell,
Sullivan & Worcester LLP,
Sotheby's,
Nicholas M. O'Donnell,
Pittsfield,
Zenas Crane,
Trustees of the Berkshire Museum,
Hudson River School,
Frederic Edwin Church,
Pieter de Hooch,
Shuffleton’s Barbershop,
Shaftsbury Blacksmith Shop
Only Sixth Work Revealed As Looted Since 2013
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Topics:
Cornelius Gurlitt,
Deutsches Zentrum Kulturgutverluste,
Gurlitt Task Force,
Nazi-looted art,
Munich,
Salzburg,
NS Raubkunst,
Kulturgutschutzgesetz,
Kunstmuseum Bern,
Monika Grütters,
Taskforce Schwabinger Kunstfund,
German Center for Cultural Property Losses,
Portrait of a Seated Young Woman,
Porträt einer sitzenden jungen Frau,
Thomas Couture,
Georges Mandel,
Rose Valland