Art Law Report Header-1

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)

Recent Posts

Dismissal of Claims is Affirmed in Admissions Policy Lawsuit Against The Metropolitan Museum of Art

Posted by Nicholas O'Donnell on February 9, 2015 at 6:40 AM

The Appellate Division, First Department, has affirmed the 2013 dismissal of claims in a lawsuit challenging the admissions policy of the Metropolitan Museum in New York.

Read More

Topics: Litigation, Museums

Gurlitt Will Contest Won’t be Resolved Anytime Soon, Will Likely Delay Restitution

Posted by Nicholas O'Donnell on February 6, 2015 at 10:41 PM

Schweizer Radio und Fernsehen (SRF) reported yesterday that the challenge by Uta Werner to her cousin Cornelius Gurlitt’s will may extend late into this year. Werner has petitioned the court in Munich to set aside the last will and testament that named the Kunstmuseum in Bern as Gurlitt’s sole heir and beneficiary of the 1,280 works of art found in his apartment in 2012, as well as those in Salzburg. In November, the Kunstmuseum, the Bavarian government, and the German government announced to great fanfare but little analysis that the museum would accept the bequest and work with the Gurlitt Task Force to sort through objects with questionable provenance related to Hildebrand Gurlitt’s role as an approved dealer of “degenerate art” under the Nazis, and the concern that some of the objects may be Nazi-looted art.

Read More

Topics: Frankfurter Allgemeine Zeitung, Cornelius Gurlitt, Breslau, Henri Hinrichsen, Stefan Koldehoff, Die Bilder Sind Unter Uns Das Geschäft mit der NS-, Zwei Reiter am Strand, Max Liebermann, Germany, Fall Gurlitt, Nazi-looted art, Gurlitt Collection, SRF, Hildebrand Gurltt, will contest, Gurlitt, Restitution, David Toren, World War II, Task Force, Die Zeit, Schweizer Radio und Fernsehen, Kunstmuseum Bern, Martha Hinrichsen, Raubkunst, The Pictures Are Under Us Business in Nazi-Looted, last will and testament

Finance, Art and Law—How Does Fine Art Shape Up as an Asset?

Posted by Nicholas O'Donnell on January 30, 2015 at 8:48 AM

The Art Law Foundation in Geneva (Fondation pour le droit de l’art), together with the Banking Law Centre at the University of Geneva, hosted a sterling event on Monday in Geneva. This was the second part in a series spearheaded by the Foundation, the first day was held in London in November. While I was not able to attend the London event, it was very well received, and together with this week’s event it must be said that the organization is up to great things. Their events page (here) is something anyone interested should book mark. In particular, these events have showcased sophisticated insights into market-based aspects of art and law, which whether we like it or not is what is driving the discussion (and will continue to). A real hats off to the organizers, in particular Attorneys Sandrine Giroud of Lalive, and Pierre Gabus of Gabus Avocats, a director and president, respectively, of the Foundation.

Read More

Topics: China, Pierre Gabus, Art Finance, Sotheby’s Financial Services, Fremdverwaltung, leverage, Xavier Oberson, Alexandre Quiquerez, Philip Hoffman, Frédéric Dawance, Art Business and Research Unit at Sotheby’s Instit, authenticity, Art Law Foundation, Swiss Collective Investment Schemes Act, The Art Newspaper, Geneva, artgenève, Fine Arts Expert Institute, Manuela de Kerchove, Sandrine Giroud, Lalive, Supervised Qualified Investors, Natural Le Coultre, Yan Walther, feeder funds, Jan Prasens, Abel Avocats, Farrer & Co LLP, Lombard Odier, Events, Tutela Capital, James Carleton, Sotheby's, U.C.C., Yves Bouvier, Schroders, Fabian Bocart, Fine Art Fund Group, Art Finance And Law Conference Series

New Graffiti Copyright Lawsuit Continues Growing Trend

Posted by Nicholas O'Donnell on January 28, 2015 at 7:54 AM

News came last week that another lawsuit has been filed over allegations of misappropriation of graffiti images. In this case, as summarized nicely by Cait Munro on ArtNet (I haven’t seen the complaint yet), graffiti artist Craig Anthony Miller:

Read More

Topics: Craig Anthony Miller, "Elephant Mural", Graffiti Art, Visual Artists Rights Act, VARA, Toll Brothers, Copyright, 5Pointz, Cait Munro, ArtNet

Pure Love of Art versus Mere Investment in London March 26-27, 2015

Posted by Nicholas O'Donnell on January 23, 2015 at 5:07 AM

The Art, Cultural Institutions and Heritage Committee of the International Bar Association (of which I am a member) will be sponsoring an event March 26-27, 2015 at Sotheby’s in London. The IBA Individual Tax and Private Client Committee is also a co-sponsor, in connection with the IBA European Regional Forum. Sotheby’s is located at 34-35 New Bond Street in London.

Read More

Topics: Karen Sanig, Daniel Simon Collyer Bristow, Helly Nahmed Gallery, The Princely Collections, Lucian Simmons Steven Thomas, Art Finance, Mary Romano, Rina Pantalony, Philip Hoffman, International Julius Baer, Luke Dugdale, Helly Nahmad, UGGC Avocats, Studio Legale Jacobacci & Associati, Mark Cornell, UK Government Art Collection, ICOM, Daniel Tunkel Howard Kennedy, Peter Polak, David Arendt, Adrian Parkhouse, Diana Wierbicki, Paris, Guy Simonius, Bloomberg, Johann Kräftner, Art Cultural Institutions and Heritage Committee o, Columbia University, Geneva; Wendy Philips, Herrick, ARIS Title, Melanie Gerlis The Art Newspaper, Jasper Sharp, Sandrine Giroud, Cadell & Co, Scotland Yard, Lalive, Jean-Francois Canat, Houston Francesca von Habsburg, 1858 Ltd Art Advisory, Viola Reikhel-Bolot, UCLA School of Law, Thyssen-Bornemisza Art Contemporary, Stephen D Brodie, Fine Art Wealth Management, The Fine Art Fund Group, Marlborough Contemporary, Los Angeles, Randall Willette, Events, Massimo Sterpi, Luxembourg, Sherri North Cohen, Dreweatts & Bloomsbury Auctions, Le Freeport, Kunsthistorisches Museum, LIECHTENSTEIN, Adrian George, Fabrizio Moretti, Alfredo Perez, Mishcon de Reya¸ George Bailey, TEFAF Maastricht, Mark Stephens, Dick Ellis, IBA Individual Tax and Private Client Committee, Goldsmiths London University, Andrew Renton, Withers, Sotheby's, Legal Issues in Museum Administration, Vaduz, Zürich, IBA, Vienna, Pure Love of Art versus Mere Investment, New York

Supreme Court Declines to Hear Norton Simon Intermediate Appeal, Von Saher Claim Returns to Trial Court

Posted by Nicholas O'Donnell on January 21, 2015 at 7:30 AM

The Norton Simon Museum in Pasadena’s efforts to bring an end to the claim by Marei von Saher to Lucas Cranach the Elder’s Adam and Eve failed yesterday, as the United States Supreme Court declined to hear the museum’s appeal from the decision last year by the Ninth Circuit Court of Appeals that restored the claims. The Supreme Court denied what is called a writ of certiorari, which is a discretionary appeal from a lower court. The high Court can accept cases on appeal from final judgments (as would be the case had the museum prevailed) or, as here, what are called interlocutory appeals—appeals of matters still in process. The Ninth Circuit decision revived Von Saher’s case and sent them back to the District Court for litigation, and the Norton Simon’s petition asked the Supreme Court to intervene and put an end to it. The overwhelming proportion of certiorari petitions are denied, interlocutory appeals even more so (courts favor hearing appeals of final judgments to avoid piecemeal adjudications). This is the second certiorari petition in the case: in 2011, Von Saher was on the losing end of a petition when her case had been dismissed under an earlier version of California’s statute of limitations.

Read More

Topics: Legislation, Dutch Secretary for Education Culture and Science, Norton Simon Museum, Alois Miedl, Lilly Cassirer, Norton Simon Art Foundation, Rue Saint-Honoré après-midi effet de pluie, Jacques Goudstikker, George Stroganoff-Scherbatoff, Hermann Goring, Restitution, Marei Von Saher, Jr., World War II, act of state doctrine, Cassirer v. Kingdom of Spain, Lucas Cranach the Elder, Camille Pissarro, Soviet Union, foreign affairs doctrine, California Section 354.3 of Code of Civil Procedur, Von Saher v. Norton Simon Museum of Art

Books of Note: Visual Arts and the Law by Judith Prowda

Posted by Nicholas O'Donnell on January 15, 2015 at 6:02 PM

Periodically I like to make note of books about art law that I find exceptional. Art law is many things to many people, and one of the interesting things in surveying the literature is seeing what selection various authors make in terms of their subject matter. I reviewed the excellent Art Collecting Legal Handbook by Massimo Sterpi and Bruno Boesch recently, and the strength of that book was their choice to take a set of questions recurring in art collecting in particular to experts around the world. It’s a fantastic resource for collectors and lawyers.

Read More

Topics: Art Finance, Stropheus, Auctions, Judith Prowda, authentication, droite de suite, Moral Rights, art law, expert opinions, dealers, Restitution, Massimo Sterpi, Art Collecting Legal Handbook, Galleries, Copyright, Books, . Auctions, Sotheby’s Institute, Fair Use, Berne Convention, Bruno Boesch

Sponsor Plans to Reintroduce Resale Royalty Rights, Old Contract Idea Resurfaces as Alternate Solution

Posted by Nicholas O'Donnell on January 14, 2015 at 11:55 AM

After word got around that the American Royalties Too Act of 2014 had expired, (covered by Whitney Kimball at ArtFCity, Coline Milliard at ArtNet here, and Jillian Steinhauer at Hyperallergic here), the natural question of course remains, “what’s next.” Steinhauser spoke to John Doty, director of Jerrold Nadler’s office. Doty said, “Congressman Nadler does plan to reintroduce the bill this Congress. An exact date and exact bill language have not yet been decided.

Read More

Topics: Resale Royalty Rights, Resale Royalties, Coline Milliard, Hyperallergic, Moral Rights, Kibum Kim, Whitney Kimball, art, ArtFCity, Jerrold Nadler, Jillian Steinhauer, The Contract, Copyright, Seth Sieglaub, John Doty, ArtNet, Robert Projanksy, American Royalties Too Act of 2014, Artist’s Reserved Rights Transfer and Sale Agreeme

Reminder: “Art Finance and Law” in Geneva Monday January 26, 2015

Posted by Nicholas O'Donnell on January 8, 2015 at 7:14 AM

A reminder of this month’s marquee event in Geneva, the second in a two part series “Art Finance and Law” organized by the Art Law Foundation at the University of Geneva (the first, in London last November, is recapped here). My ticket is booked, so I hope to see you there. If you’ll be in attendance, drop me a line so we can connect either at the conference or in Genveva. Bon voyage!

Read More

Topics: Pierre Gabus, William Pearlstein, Prof. Xavier Oberson, Université Lyon, Art Finance, Sotheby’s Financial Services, Alexandre Quiquerez, Philip Hoffman, Myret Zaki, Emigrant Bank Fine Art Finance, Frédéric Dawance, Tim Hunter, Art Business and Research Unit at Sotheby’s Instit, Art Law Foundation, London, Melanie Gerlis, David Arendt, The Art Newspaper, Geneva, The Fine Art Fund, Fine Arts Expert Institute, Philipp Fischer, Oblyon Art Business Intelligence, Manuela de Kerchove, Banque Lombard Odier & Cie SA, Luc Thévenoz, Sandrine Giroud, Lalive, Natural Le Coultre, Yan Walther, Jan Prasens, Farrer & Co LLP, Paul Aitken, Marco Mercanti, Falcon Fine Art, Events, Sebastian Fahey, Stefanie Berloffa-Spadafora, Rebecca Hawkins, Bilan, Tutela Capital, Private Art Investor, Abels Avocats, James Carleton, Sotheby's, borro, Li Jun Xian, Université de Genève, Yves Bouvier, Schroders, The Luxembourg Freeport, Fabian Bocart, Fine Art Fund Group, Art Finance And Law Conference Series

First Ripples in Greece from Parthenon Marble Loan to Russia

Posted by Nicholas O'Donnell on January 8, 2015 at 6:10 AM

Last month it was revealed that the British Museum had loaned a sculpture from the Parthenon, a/k/a Elgin, Marbles to the State Hermitage Museum in St. Petersburg. Reaction ranged from puzzlement to fury. Lee Rosenbaum pondered whether the loan was in fact a trial balloon to prepare for litigation, specifically, to rebut Greece’s claim that the sculptures are a single unified work that should be returned with an argument that the collection of individual objects is more complicated. My reaction really boiled down to the “law” of unintended consequences: once the UK put any of the objects outside its territorial control—let alone in Russia, which has shown little interest in the niceties of international loans and restitution—the British Museum may find itself in a Portrait of Wally situation. 

Read More

Topics: cultural property, Defining Beauty: the Body in ancient Greek Art, Museum of Cycladic Art in Athens, The Art Newspaper, Lee Rosenbaum, Elgin Marbles, Parthenon Marbles, Restitution, British Museum, Events, State Hermitage Museum, Portrait of Wally, The State Hermitage Museum in St. Petersburg, Litigation

Sullivan logo

About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

Meet the Editor

Subscribe to Blog

Recent Posts

Posts by Topic

see all