Art Law Report Header-1

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.

Read More

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

Legal Issues in Museum Administration, March 19-21, 2014 in Philadelphia

Posted by Nicholas O'Donnell on February 13, 2014 at 4:25 AM

Registration is open for the annual Legal Issues in Museum Administration conference organized by the American Law Institute’s Continuing Legal Education. Year after year, this conference brings together top practitioners and museum professionals for important updates and presentations, and always engaging discussions. Hope to see you there.

Read More

Topics: Smithsonian Institution, Brendan Connell Jr., India Pinkney, The Frick Collection, Jiyun Cameron Lee, The Barnes Foundation, Dallas Museum of Art, Marianna Horton Mermin, Lawrence H. Berger, Robert W. Clarida, Alison Lonshein, James B. Pritchard Professor of Archaeology, Philadelphia Museum of Art, University of Miami School of Law, American Alliance of Museums, Stephen W. Clark, Library of Congress, Stephen K. Urice, Yayoi Shionoiri, Michael J. Cooney, Lauryn H. Guttenplan, Karen Coe, Julie Hart, Roger I. Ideishi, the Metropolitan Museum of Art, Marsha Shaines, Cristina Del Valle, Judith E. Leonard, Eryn Starun, Penn Museum of Archaeology and Anthropology, Nicholas S. Holmes, Temple University, Sara Geelan, The J. Paul Getty Trust, John R. Cahill, Events, Jonathan A. Segal, Rachelle Browne, University of Pennsylvania, Solomon R. Guggenheim Museum, The Franklin Institute, Adine Varah, Eric J. Snyder, City and County of San Francisco, C. Brian Rose, National Endowment for the Arts, United States Holocaust Memorial Museum, Maxwell L. Anderson, Whitney Museum of American Art, Larry Dubinski, Leslie Johnston, Farleigh Earhart

Detroit Bankruptcy Eligibility Trial Begins, Art Collection Could Hang in the Balance

Posted by Nicholas O'Donnell on October 23, 2013 at 5:22 AM

Trial begins today in the U.S. Bankruptcy Court in Detroit over whether the city of Detroit is even eligible for the Chapter 9 bankrupcty protection it sought earlier this year. The major point of contention is whether Detroit may, under the Michigan constitution, seek bankrupcty in a way that would reduce pension payments (as it would reduce payment to all its creditors).

Read More

Topics: American Alliance of Museums, Ford Bell, Detroit, Bankruptcy, Detroit In, Kevyn Orr, Detroit Free Press, Detroit Bankruptcy

Detroit Institute of Arts and Motor City Bankruptcy: Deaccessioning Fact and Fiction, Hope and Reality

Posted by Nicholas O'Donnell on August 1, 2013 at 12:27 PM

The recent filing by the City of Detroit for bankruptcy—the largest such municipal filing in history—has brought with it an unexpected art law twist. Namely: to what extent can, or should the collection of the Detroit Institute of Arts be used to satisfy the city’s creditors. As one might expect, the differences between what the city can do, what it should do, and what others can do to influence that decision have become hard to distinguish as the volume is raised. A review of some of the issues involved and the governing principles is in order. As rumors of the city’s bankruptcy circulated, speculation began about what would happen to the collection of DIA. And thus the dreaded “deaccession” debate began. This debate is essentially as follows: is art a fungible commodity that can and/or should be used in whatever way advances the mission of the institution (including selling it and using the proceeds to finance the museum’s operations), or do museums hold art in a public trust that must prioritize the collection and display of art? The latter view certainly holds sway among many in the museum community as an aspirational mattter, but its enforceability is often far less than they think.

Read More

Topics: National Academy Museum, Brandeis, Deaccession, American Alliance of Museums, Rose Art Museum, AAM, the Metropolitan Museum of Art, Detroit Institute of Arts, Collections, Association of Art Museum Directors, Motor City, and the Museum of Fine Arts Boston, Cleveland Museum of Art, Detroit Bankruptcy, AAMD, Pennsylvania Academy of Fine Arts

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