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REMINDER: “Art Fairs: An Irresistible Force In The Art World?” at Sotheby’s Institute May 27, 2014

Posted by Nicholas O'Donnell on May 23, 2014 at 12:11 PM

A reminder that I’ll be taking part in an event sponsored by the Entertainment Arts & Sports Law Section of the New York State Bar Association on Tuesday, May 27, 2014, to be held at the Sotheby’s Institute of Art at 570 Lexington Avenue starting at 6:30 p.m. The event description is copied below, and registration is available here. I hope to see you there!

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Topics: Sotheby’s Institute of Art, Entertainment Arts & Sports Law Section, Richard Lehun, Elizabeth Dee, Sullivan & Worcester LLP, Stropheus Art Law, Events, Selling Contemporary Art: How to Navigate the Evol, Edward Winkleman, Art Fairs, Indpendent, New York State Bar Association, Judith B. Prowda, Nicholas M. O'Donnell, Visual Arts and the Law: A Handbook for Profession

Remaining Claims Against AAM, AAMD Related to Pissarro “La Bergere” in Oklahoma Are Dismissed

Posted by Nicholas O'Donnell on May 23, 2014 at 5:34 AM

As we reported last week, the U.S. District Court dismissed claims against the Fred Jones, Jr. Museum of Art, the University of Oklahoma, and associated Oklahoma defendants, over title to the Camille Pissarro painting La bergère rentrent des moutons (a case in which I represented the David Findlay Jr. Gallery).

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Topics: David Findlay Jr. Inc., due process, third party beneficiary, Metropolitan Museum of Art, Raoul Meyer, Nazi Occupation, American Alliance of Museums, University of Oklahoma, Aaron and Clara Weitzenhofer, Judge Colleen McMahon, Fred Jones Jr. Museum of Art, AAM, Vichy, La bergère rentrent des moutons, Association of Art Museum Directors, Restitution, David Findlay Galleries, World War II, CPLR 301, Switzerland, Leone Meyer, long art statute, Camille Pissarro, Museums, personal jurisdiction, AAMD, Christoph Bernoulli, Swiss judgment

Cornelius Gurlitt Attorney References “Only Eight Works” in Relation to Nazi Persecution, Likely More of an Update than Assertion of Ownership

Posted by Nicholas O'Donnell on May 23, 2014 at 5:15 AM

The attorney for the recently deceased Cornelius Gurlitt, Stephan Edel, told Der Spiegel today that “At the present time, only eight works must be returned from the collection as a result of Nazi persecution,” (my translation). Edel went on to say “Whether further works will follow, must await the results of the ongoing research.”

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Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, www.Gurlitt.Info, Wolfgang Seybold, German museums, Nazi-looted art, Gurlitt Collection, Entartete Kunst, will contest, Curt Valentin, Restitution, Der Spiegel, World War II, Bunte, degenerate art, Kunstmuseum Bern, Nazi Raubkunst, Kunstfund München

FBI Claims to Have "Confirmed Sightings" of Stolen Gardner Artwork, But Offers Only Stale Information and Conjecture

Posted by Nicholas O'Donnell on May 22, 2014 at 6:23 AM

The FBI said today that the bureau has received “confirmed” sightings of the works of art stolen from the Isabella Stewart Gardner Museum in 1990. Thieves dressed as police robbed the museum of thirteen major works of art on March 18, 1990, including works by Rembrandt, Vermeer, Degas and Manet. Read carefully, however, the story is nothing new at all, just a retelling of last year’s “news” released around the anniversary of the theft and a raft of conjecture.

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Topics: Gardner Heist, Philadelphia, Robert Guarente, Degas, and Robert Gentile, Carmello Merlino, The Storm on the Sea of Gallilee, Manet Richard DesLauriers, Isabella Stewart Gardner Museum, Boston Globe, FBI, Rembrandt, Vermeer, Museums, Special Agent Geoff Kelly, La Cosa Nostra

“Art Fairs: An Irresistible Force In The Art World?” at Sotheby’s Institute May 27, 2014

Posted by Nicholas O'Donnell on May 16, 2014 at 8:56 AM

I’m excited to report that I’ll be taking part in an event sponsored by the Entertainment Arts & Sports Law Section of the New York State Bar Association on Tuesday, May 27, 2014, to be held at the Sotheby’s Institute of Art at 570 Lexington Avenue starting at 6:30 p.m. The event description is copied below, and registration is available here. I hope to see you there!

Read More

Topics: Sotheby’s Institute of Art, Entertainment Arts & Sports Law Section, Richard Lehun, Elizabeth Dee, Sullivan & Worcester LLP, Stropheus Art Law, Events, Selling Contemporary Art: How to Navigate the Evol, Edward Winkleman, Art Fairs, Indpendent, New York State Bar Association, Judith B. Prowda, Nicholas M. O'Donnell, Visual Arts and the Law: A Handbook for Profession

Claims Against University of Oklahoma Over Pissarro "La bergère" Dismissed on Jurisdictional Grounds

Posted by Nicholas O'Donnell on May 15, 2014 at 11:09 AM

The U.S. District Court for the Southern District of New York has dismissed the much-publicized claims by Leone Meyer against the University of Oklahoma and related Oklahoma public officials and insitutions for the return of La bergère rentrent des moutons by Camille Pissarro, currently in the Fred Jones, Jr. Museum of Art. In full disclosure: I represented David Findlay, Jr., Inc. in the action, who was dismissed from the action last year by agreement.

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Topics: David Findlay Jr. Inc., due process, third party beneficiary, Metropolitan Museum of Art, Raoul Meyer, Nazi Occupation, American Alliance of Museums, University of Oklahoma, Aaron and Clara Weitzenhofer, Judge Colleen McMahon, Fred Jones Jr. Museum of Art, AAM, Vichy, La bergère rentrent des moutons, Association of Art Museum Directors, Restitution, David Findlay Galleries, World War II, CPLR 301, Switzerland, Leone Meyer, long art statute, Camille Pissarro, personal jurisdiction, AAMD, Christoph Bernoulli, Swiss judgment

Great-Nephew May Challenge Gurlitt Will and Appointment of Kunstmuseum Bern as Sole Heir, Second Will is Confirmed

Posted by Nicholas O'Donnell on May 13, 2014 at 6:18 AM

When news first broke that Cornelius Gurlitt had named the Kunstmuseum in Bern as his sole heir (and not merely as the recipient of his art collection), we wondered whether some putative heir to Gurlitt—and thus to at least part of the art collection under suspicion for containing Nazi-looted art—might challenge that appointment.

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Topics: Barcelona, Focus, Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Wolfgang Seybold, Nazi-looted art, Gurlitt Collection, Spain, Munich, Münchner Gerichtspräsident Gerhard Zierl, 60 Minutes, Restitution, ORF, codicil, testamentary capacity, World War II, Austria, Kunstmuseum Bern, Ekkeheart Gurlitt, probate, Nazi Raubkunst, CBS, Testament, Münchner Kunstfund, Morley Safer

VARA Likely to Apply Retroactively to Victor Henderson “Brooks Avenue Painting Claim”

Posted by Nicholas O'Donnell on May 12, 2014 at 5:31 AM

We reported recently on a new lawsuit in California invoking the Visual Artists Rights Act (VARA) in the context of a mural by Victor Henderson, of the Los Angeles Fine Arts Squad. Henderson alleges that property owner Ralph Ziman had his “Brooks Avenue Painting” water blasted in 2013, thus destroying the integrity of his work and infringing on Henderson’s rights under VARA.

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Topics: Brooks Avenue Painting, Anschlus, Foreign Sovereign Immunities Act, Victor Henderson, Copyright Act § 113(d), Los Angeles Fine Arts Squad, Visual Artists Rights Act, VARA, World War II, Copyright, Austria, Ralph Ziman, ex post facto

Gurlitt Bequest to Kunstmuseum Bern: German Language Analysis Roundup

Posted by Nicholas O'Donnell on May 9, 2014 at 1:53 AM

Discussion continues to swirl about how the passing of Cornelius Gurlitt this week will affect the review and possible return of the paintings found in his Munich apartment, and those in Austria. Not surprisingly, the majority of reflections on the news that Gurlitt appointed the Kunstmuseum in Bern, Swizterland as his sole heir are in German, Austrian, and Swiss publications. Here are is my roundup of the latest reports:

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Topics: Neue Zürchner Zeitung, Schwabinger Kunstfund, Ingeborg Bergreen-Merkel, Stephan Holzinger, Bad Aussee, Cornelius Gurlitt, Monopol, Gurlitt Task Force, Germany, will, Nazi-looted art, Gurlitt Collection, Matthias Frehner, Entartete Kunst, Salzburg, Restitution, ORF, World War II, Switzerland, Süddeutsche Zeitung, heir, Austria, Kunstmuseum Bern, Washington Principles, Nazi Raubkunst, validity

Gurlitt Names Kunstmuseum Bern as Sole Heir. Will the Museum Want Everything that Comes with That?

Posted by Nicholas O'Donnell on May 8, 2014 at 2:26 AM

Following confirmation by his attorney that Cornelius Gurlitt had left a will, it was further revealed yesterday that Gurlitt had not merely left his collection of paintings with substantial Nazi-looting questions to a museum outside Germany, but that he had named the Kunstmuseum Bern itself as his sole heir. The Kunstmuseum is the oldest museum in Switzerland, with more than 50,000 objects that include works by Vincent van Gogh, Franz Marc and Henri Matisse. The museum responded by releasing a statement that:

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Topics: Schwabinger Kunstfund, Bad Aussee, Cornelius Gurlitt, Gurlitt Task Force, Germany, Nazi-looted art, Gurlitt Collection, Vincent Van Gogh, Entartete Kunst, Salzburg, Restitution, World War II, Switzerland, Austria, Franz Marc, Kunstmuseum Bern, Museums, Nazi Raubkunst, Henri Matisse

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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.

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