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Always Read Closely: New York Senate Passes Authentication Bill, But Enhanced Burden of Proof Stripped from Earlier Proposal and Fee-Shifting Is Diluted

Posted by Nicholas O'Donnell on June 22, 2015 at 7:49 AM

The New York State Senate has passed a bill relating to the liability of authenticators and appraisers. When I first saw the news it seemed like a minor development, but then I went and read the bill. It stripped out a material aspect of the bill first proposed last year that would have required plaintiffs seeking damages against authenticators to prove their case by clear and convincing evidence, a daunting standard. Heightened pleading requirements are still contained within the bill, but the attorneys’ fees provision has also been watered down, with such an award now discretionary rather than mandatory.

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Topics: Legislation, Section 13.04, Section 15.12, Hyperallergic, authentication, clear and convincing, fee-shifting, Senate Bill S6794, Warhol Foundation, attorneys' fees, preponderance of the evidence, appraiser, New York Arts & Cultural Affairs Law, authenticator, New York Senate, S1229-A

Change to New York Art Consignment Statute Adds Protections, Risks

Posted by Nicholas O'Donnell on September 27, 2012 at 9:46 AM

New York has passed an amendment to its Arts & Cultural Affairs law, N.Y. Arts & Cult. Aff. Law §12.01(2012), that is important for artist, galleries, and dealers alike. It affects the consignment relationship and creates critical new duties—and liabilities, for the dealer on consignment. Most importantly, it makes using any form of agreement drafted under the old law risky, particularly for the gallery or consignee. Signed by Governor Cuomo this week, the law takes effect November 6, 2012.

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Topics: Legislation, consignment, N.Y. Arts & Cult. Aff. Law §12.01, Governor Cuomo, Arts & Cultural Affairs law, attorneys' fees, Collections, breach of fiduciary duty, Trusts, Salander O'Reilly

Barnes Relocation Case Sanctions Award Upheld, But Also Reduced

Posted by Nicholas O'Donnell on March 13, 2012 at 6:16 AM

Montgomery County Orphan’s Court Judge Stanley R. Ott, the presiding judge in the unsuccessful challenge to the Barnes Foundation’s move to Center City in Philadelphia has upheld his award of sanctions against the plaintiffs challenging the move. After a recent hearing, the judge awarded the Barnes $25,000 in attorneys' fees from the Friends of the Barnes, and a separate $15,000 form a lawyer who had filed a challenge in his own right.

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Topics: Montgomery County Orphan's Court, Charitable Foundations, The Art of the Steal, Philadelphia, Stanley Ott, attorneys' fees, Center City, Estate Planning, Barnes Foundation

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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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