Topics: Donn Zaretsky, Dallas Museum of Art, New York University, Deaccessioning, Williams College, Christie's, Sullivan & Worcester LLP, Sotheby's, 17 U.S.C. § 106A(a)(3)(A)-(B), Nicholas M. O'Donnell, ARTnews, Jakob Dupont, Sarah Douglas, Brooklyn Museum, Syracuse University, Anne Pasternak, Stephanie Johnson-Cunningham, Museum Hue, Dean Craig M. Boise, Andrew Saluti, Agustín Arteaga, Joseph Thompson, Massachusetts Museum of Contemporary Art, Courtney Aladro, Mark Gold, James Sheehan, Steven Lubar, Brown University, Everson Museum of Art, Emily Stokes-Rees, Cara Starke, Sally Yerkovich, Brian Frye, University of Kentucky College of Law, Silberman Zaretsky, PC, Peter Dean, Randolph College, Andria Derstine, Oberlin College, William Eiland, Carl Van Vechten Art Gallery, Christy Coleman, Ken Turino, Nina del Rio, Hindman Auctions, Michael Shapiro, Allison Whiting, Julia Courtney, Christopher Bedford, The Baltimore Museum of Art, Julia Pelta, Fisher Museum, Thomas Campbell, Fine Arts Museums of San Francisco, Linda Harrison, Glenn D. Lowry, The Museum of Modern Art, Tracey Riese, Melody Kanschat, Museum Leadership Institute, Sterling and Francine Clark Art Institute, Betsy Bradley, Mississippi Museum of Art, Michael O’Hare, Goldman School of Public Policy, University of California at Berkeley, Erin Richardson, Frank & Glory, Smith Green & Gold LLP, New York State Department of Law, Michael Conforti, Amy Whitaker, Stefanie Jandl, Deborah Kass, Amalia Mesa-Bains, Meleko Mokgosi, Wendy Red Star, Carrie Mae Weems, Pulitzer Arts Foundation, Roxana Velásquez, The San Diego Museum of Art, University of Georgia Museum of Art, Jamaal Sheats, Fisk University, Kristina Durocher, Association of Academic Museums and Galleries, Jamestown-Yorktown Foundation, Historic New England, Lawrence Yerdon, Strawbery Banke Museum, Scott Wands, American Association for State and Local History, When is it Okay to Sell the Monet?, Glenn Adamson, Bern University of the Arts, Michelle Millar, The Newark Museum of Art
As potential regulation of the art market gathers in the United States, the increasing relevance of the Responsible Art Market Initiative is ever clearer. And while we will miss gathering in Geneva for the first time in several years, RAM is undeterred. Join us on Friday January 29, 2021 for a virtual edition of the annual RAM event, this year entitled “Innovation and change in a Responsible Art Market.” The program follows below (including a virtual networking opportunity), and registration by 27 January 2021 can be accomplished using the following link: www.responsibleartmarket.org/event-registration.
See you then. Until next year, this will have to suffice for ein Stückchen der Schweiz from last February:
Topics: Anne Laure Bandle, Reibpartie, Pierre-Auguste Renoir, Art Law Foundation, New York University, TEFAF, Geneva, Sandrine Giroud, Lalive, Albert Martin Wolffson, Eugene Driker, Sullivan & Worcester LLP, Henry Zacharias, Copyright, EPA Victory, Sullivan and Worcester LLP, Bonhams, Nicholas M. O'Donnell, Elmyr de Hory, Mathilde Heaton, RAM, Responsible Art Market initiative, Phillips, Stephenson Harwood, Sullivan, Jonathan Petropoulos, Nanne Dekking, Artory, National Defense Authorization Act, Nicolas Galley, Borel & Barbey, Valentina Volshkova, Masterworks, Tom Christopherson, Melanie Damani, Pace Gallery, University of Zurich, Masha Golovina, Hottinger Group, Freya Simms, LAPADA, The Association of Art and Antiques Dealers, Audry Li, Zhong Lun Law Firm, Shanghai
(WASHINGTON-October 22, 2020) The heirs to the Jewish art dealers who were forced to sell the medieval devotional art collection known as the Welfenschatz (in English, the Guelph Treasure) to agents of Hermann Goering in 1935 filed their brief today in the Supreme Court of the United States. It can be viewed at this link. The Supreme Court is set to hear argument on December 7, 2020, on whether the Foreign Sovereign Immunities Act (FSIA) and its “takings clause” create jurisdiction over the heirs’ claims for restitution of the Welfenschatz—as all reviewing courts so far have held. The Welfenschatz is held by the Stiftung Preussischer Kulturbesitz (in English, the Prussian Cultural Heritage Foundation).
Topics: Third Reich, Guelph Treasure, Gestapo, Z.M. Hackenbroch, Prussia, Germany, Nazi-looted art, Foreign Sovereign Immunities Act, Markus Stoetzel, Supreme Court, Mel Urbach, SPK, Nuremberg race laws, Stiftung Preussischer Kulturbesitz, Hermann Goering, FSIA, NS Raubkunst, Sullivan & Worcester LLP, J.S. Goldschmidt, Gerald Stiebel, Prussian Cultural Heritage Foundation, Adolf Hitler, Nicholas M. O'Donnell, Alan Philipp, Welfenschatz, I. Rosenbaum, Paul Körner, Wannsee Conference, Jed Leiber, House of Brunswick (Braunschweig)-Lüneberg, Emily Haber, Wilhelm Stuckart, Final Solution
Readers of the Art Law Report know that for several years running now, I have enjoyed events in Geneva organized by the Art Law Foundation and the Responsible Art Market Initiative in January/February. I am happy to report that this year is no exception. RAM is presenting its latest event “A Responsible Art Market in Practice,” to be held on Friday February 1, 2019 at the Palexpo in the venue of the artgenève fair. After joining the RAM Taskforce and contributing to its Toolkit and country guide for the US, I am pleased to be presenting one of the case studies, in between a roster of distinguished speakers and experts. I hope to see you there!
Topics: Art Law Foundation, The Art Newspaper, Geneva, artgenève, Sandrine Giroud, Lalive, Irina Tarsis, Sullivan & Worcester LLP, Suzanne Gyorgy, Georgina Adam, Nicholas M. O'Donnell, Art Law Centre, Mathilde Heaton, Jean-Bernard Schmid, Responsible Art Market initiative, Phillips, Financial Times, Palexpo, Justine Ferland, Carine Decroi, Artcurial, Philippe Davet, CitiBank, Aude Lemogne, Ochsner & associés, Roland Foord, Stephenson Harwood, Association Marché d’Art Suisse, Blondeau & Cie, Andreas Ritter
I am pleased to be speaking on a panel at the upcoming Global Auction House Summit presented by Invaluable, the leading technology partner for online auction services. I will be presenting on the issues of Managing Reputation & Risk, and look forward to a lively discussion. The conference schedule is reprinted below, and registration is available here.
Topics: Auctions, London, Melanie Gerlis, The Art Newspaper, Sullivan & Worcester LLP, Events, Sotheby's, Nicholas M. O'Donnell, Art Loss Register, Real Estate Development, Affordable Housing, Institutional Shareholder Services, Proxy Voting Policies, John Albrecht, US Trust, ARTMYN, Cuseum, Andrea Danese, Athena Art Finance, Jakob Dupont, Bruun Rasmussen Auctioneers of Fine Art, Lori Hotz, Lobus, Bas Kuiper, Sophie MacPherson, Julian Radcliffe, Global Auction House Summit, Leonard Joel, Martina Batovic, Dorotheum, Evan Beard, Anna Brady, Anthony Calnek, Brendan Ciecko, Pierre Fautrel, Obvious, Andy Foster, Phillips, Financial Times, Dr. Anna-Sophie Hollenders, Raue LLP, AMFAD, Christopher McKeogh, Gene Shapiro, Sarah Wendell Sherrill, Mary-Alice Stack, Creative United, Rob Weisberg, Invaluable, Georgina C. Winthrop, Grogan & Company, Shapiro Auctions
I am pleased to be taking part in a symposium at the Skirball Center in Los Angeles on September 26, 2018, “The Future of Nazi Looted Art Recovery in the US and Abroad.” Presented by Cypress LLP and the Sotheby’s Institute of Art/Claremont Graduate University, the program assembles an impressive group of presenters in whose company I’m grateful to be included. Registration is available here, and the schedule is below:
Topics: Sotheby’s Institute of Art, Nazi-looted art, Simon Frankel, Commission for Looted Art in Europe, Covington & Burling LLP, Anne Webber, Sullivan & Worcester LLP, Sotheby's, Nicholas M. O'Donnell, Daniel McClean, Holocaust Expropriated Art Recovery Act, HEAR Act, Isabel von Klitzing, The Orpheus Clock, Simon Goodman, Lucian Simmons, Eyal Dolev, Jonathan Petropolous, Claremont McKenna College, The Faustian Bargain, Laurence Eisenstein, Eisenstein Malanchuk LLP, Lothar Fremy, Rosbach & Fremy, Nixon Peabody LLP, Mark Labaton, Getty Institute, Bob Muller, René Gimpel, Cypress LLP, Jonathan Neil, Skirball Center, The Art World in Nazi Germany, Dr. Lynn Rother, Thaddeus Stauber, Stephen Clark
(WASHINGTON-July 10, 2018) The U.S. Court of Appeals for the D.C. Circuit has affirmed the right of the heirs to the so-called Guelph Treasure (known in German as the Welfenschatz) to seek restitution in U.S. courts for the value of the treasured art collection. The appellate court rejected Defendants’ arguments that U.S. courts lack jurisdiction, or that Germany’s treatment of its Jews in the 1930s should be immune from judicial scrutiny. While the Federal Republic of Germany itself was dismissed as a defendant, the actual possessor and key party in interest (the Stiftung Preussischer Kulturbesitz, or SPK) must now prove that a 1935 transfer of the collection by a consortium of Jewish art dealers to Hermann Goering’s minions was a legitimate transaction if they are to retain the collection.
Topics: Guelph Treasure, Gestapo, Z.M. Hackenbroch, Prussia, Germany, Nazi-looted art, Foreign Sovereign Immunities Act, Markus Stoetzel, Mel Urbach, SPK, Hermann Goering, FSIA, NS Raubkunst, Sullivan & Worcester LLP, J.S. Goldschmidt, Adolf Hitler, Nicholas M. O'Donnell, Welfenschatz, I. Rosenbaum, D.C. Circuit, Consortium, Genocide Convention, Reichstag, flight taxes, Baltimore Sun, Luftwaffe
(WASHINGTON, D.C.-June 27, 2018) Alexander Khochinsky, the son of a Polish Jew who fled her home just steps ahead of the German invasion in 1941, has filed a lawsuit in the U.S. District Court for the District of Columbia against Poland for that country’s efforts to extradite him after he sought restitution of his mother’s property. Khochinsky, an art dealer, reached out to Poland about a painting, Girl with Dove by Antoine Pesne, that he had inherited from his parents and that looked similar to one that Poland was seeking, and asked to open a dialogue about what had happened to his mother’s home. In retaliation, Poland charged him with a crime and asked the United States to extradite him for prosecution. The U.S. District Court in Manhattan dismissed the request for extradition in 2015, but by then Khochinsky had suffered months of detention and the destruction of his business.
Topics: Alexander Khochinsky, Nazi-looted art, Red Army, Holocaust, extradition, "Girl with Dove", Sullivan & Worcester LLP, Antoine Pesne, Poland, Nicholas M. O'Donnell, Molotov-Ribbentrop Pact, Przemysl, Leningrad
I am honored to be one of the presenters at an upcoming symposium at Brandeis University entitled "Looted Art for Sale." This interdisciplinary conference will provide an international perspective on the last twenty years of art recovery. Speakers include former Ambassador Stuart Eizenstat, a primary leader in the creation of U. S. restitution policies, Hector Feliciano, Professor Meike Hoffmann, Victoria Reed, Inge Reist, and Lucian Simmons. The filmmaker, John Friedman, will screen excerpts from his forthcoming documentary on Tuesday evening, March 20th (6:30pm), in Edie & Lew Wasserman Cinematheque, “Restitution: Art and Memory.”
Topics: Nicholas M. O'Donnell, Victoria Reed, Brandeis University, Lucian Simmons, Hector Feliciano, Rosenberg Institute of Global Finance, Brandeis International Business School, Inge Reist, Stuart Eizenstat, Looted Art for Sale, Brandeis Center for German and European Studies
(Boston, MA, February 26, 2018) Sullivan & Worcester LLP clients and Berkshire Museum members James Hatt, Kristin Hatt, and Elizabeth Weinberg filed today a brief with the Supreme Judicial Court of Massachusetts asking the state’s highest court not to permit the sale of 40 works of art by the Berkshire Museum. The Berkshire Museum filed a petition on February 9, 2018 asking the SJC to permit deviation from the historical restrictions that would prevent such sale. Today the museum member filed a brief as amicus curiae, or “friend of the court.”
Partner Nicholas M. O’Donnell, attorney for the members, said, “My clients are optimistic that the SJC will see through the Berkshire Museum’s petition to deviate from its historical restrictions as unnecessary, and harmful. Such a petition must show that the current state of affairs is impossible or impracticable, and that the requested change is ‘as near as possible’ to the original purpose of the institution. This petition fails to meet either criterion.”