There’s just no other way to say it: the last 18 months have been extraordinarily hard. Professionally, what I have missed the most is the chance to connect with, and learn from colleagues, particularly those far away. It is therefore with great excitement and pride that I can announce that the International Bar Association’s Intellectual Property Section will hold a live, in-person conference next month on trends in IP law. As my second year as co-chair of the Art, Cultural Institutions and Heritage Law Committee winds down, I am so pleased that we will be contributing a panel to this terrific event about, what else, Non-Fungible Tokens. As anyone who has watched my LinkedIn feed this past summer will know, Berlin holds a very special place in my life and so I look forward to making my first trip overseas in a very long time to a city that is like a second home.

The program, to which the several committees organized, is below and registration is open.

Bis zum nächsten Mal in Berlin!

Topics: Berlin, Art Cultural Institutions and Heritage Committee o, Sullivan & Worcester LLP, Events, IBA, Nicholas M. O'Donnell, Anne-Sophie Nardon, Laurent De Muyter, Blanca Escribano, Frank P Maier-Rigaud, ABC Economics, Anne Vallery, Katharina Garbers-von Boehm, Büsing, Müffelmann & Theye, Martin Wilson, Phillips Auctioneers, Johann König, Elisa Henry, Ruben A Hofmann, Paulina Silva, Grace Nacimiento, Laurent Schummer, Luc Govaert, Joanne Wheeler, Jason Jarvis Jardine, Nazli Cansin Karga Giritli, Novartis, Niko Härting, Sajai Singh, Martin Viciano Gofferje, Borghese Associes, KÖNIG GALERIE, Erik Valgaeren, Özge Atilgan, Corey Salsberg, Felix Engelhardt, Christine Graham, Volodymyr Yakubovskyy

I am pleased and humbled to report that Chambers and Partners has issued its 2021 High Net Worth Guide Rankings, and that I was ranked as a Band 2 Ranked Individual in Art and Cultural Property Law rankings for the United States. Chambers is a thorough and highly regarded practice ranking, and the recognition is a validation of the art law team at Sullivan at the ten-year anniversary of our practice group. From the rankings:
Nicholas O'Donnell of Sullivan & Worcester in Boston is principally known for his work on restitution matters. "He is well known in the restitution field and writes very frequently on the subject," says a source, adding: "He is extremely eloquent and knowledgeable on the subject." Another source says that "Nick O'Donnell is an exceptional lawyer," and has written what this source describes as "the leading book on Nazi looted art from a legal perspective." Several sources highlight O'Donnell's recent work on perhaps the most high-profile art restitution case in decades, the Guelph Treasure matter which went to the US Supreme Court in December 2020. One international interviewee says that "his knowledge of restitution cases, particularly in Austria and Germany, is unparalleled from a US perspective," adding that "on restitution-related art matters, he really stands head and shoulders above others."

Topics: MItchell Stein, art law, Supreme Court, Restitution, Sullivan & Worcester LLP, Restitution and Repatriation, International Bar Association, Responsible Art Market, Chambers and Partners, Erika Todd

It has been a great source of pride that in the last year, the Art, Cultural Institutions and Heritage Law Committee of the International Bar Association has remained active and engaged with issues of art and cultural property law despite the pandemic. We had a very exciting in-person program organized and ready to go for June, 2020 at the Ecole du Louvre, where I snapped this picture in February 2020 expecting to be back just four months later. Fate intervened, of course, but with thanks to my co-chair last year Giuseppe Calabi, and my co-chair starting January 1 of this year Anne-Sophie Nardon, we have held a webinar in June, a panel at the IBA’s Virtually Together conference, and stayed active in our publications and newsletter. Cultural property and commercial art law certainly hasn’t taken a break for the pandemic, and while I very much miss our in-person gatherings, it has allowed us to reach new members and grow the ranks of our officer team. We are ever larger and more diverse, with officer representation from every continent except Australia (and Antarctica--so far!).

Topics: Karen Sanig, Anne Laure Bandle, Sullivan & Worcester LLP, Nicholas M. O'Donnell, Mishcon de Reya, Art Loss Register, Court of Arbitration for Art, Sharon Hecker, Anne-Sophie Nardon, Borel & Barbey, Olivier de Baecque, Giuseppe Calabi, Davina Given, Armstrong Teasdale LLP, Stan Putter, Angell Xi, Jingtian & Gongcheng, Reynolds Porter Chamberlain, James Ratcliffe, CBM & Partners Studio, Klaus-Jürgen Kraatz, Kraatz & Kraatz, Noor Kadhim, Smallegange, Steve Schindler, Schindler Cohen & Hochman

I am pleased to be a presenter and panelist at an event later this month on a topic of evergreen currency: museums and deaccessioning. As we’ve covered here, the pandemic has put pressure on museums in ways that were hard to foresee only 12 months ago. The response by museums, museum associations, and attorneys general has taken a variety of approaches. Just in the last year alone from Brooklyn, to Baltimore, to Syracuse, and most recently the Metropolitan Museum of Art, whether, when, and how museums should handle sales of their collections remains a volatile subject. 

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, 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, 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

Longtime readers of the Art Law Report will know of the remarkable success over the last several years of the Responsible Art Market Initiative in Geneva. RAM began initially in connection with a collaboration by the Art Law Centre at the University of Geneva and the Art Law Foundation (Fondation pour le droit de d’art), also in Geneva. RAM has held annual events in Geneva at artgeneve for several years. Indeed, the RAM event this past January was one of the last times I was able to visit Europe before the world shut down.

Topics: sanctions, Pryor Cashman LLP, Pippa Loengard, Irina Tarsis, Sullivan & Worcester LLP, Suzanne Gyorgy, Megan Noh, Center for Art Law, RAM, Responsible Art Market initiative, Money laundering, CitiBank, Birgit Kurtz, Nanne Dekking, Artory, Lockton Companies, Andrew Schoelkopf, Elaine Wood, Charles River Associates, Jill Arnold Bull

Alexander Khochinsky, the son of a Polish Jew who fled her home just steps ahead of the German invasion in 1941, was detained at Paris Charles de Gaulle Airport yesterday.  The current detention parallels Poland’s previous failed attempts to extradite Khochinsky from the United States in 2015, a request that was dismissed and which led to his pending lawsuit for that retaliatory extradition attempt.  Khochinsky, an art dealer, reached out to Poland about a painting, Girl with Dove, that he had inherited from his parents 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 response, 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.  Khochinsky—an American citizen—was detained just before boarding his flight to New York on Monday and informed that there was an Interpol or European request for his extradition made by Poland.

Topics: Alexander Khochinsky, Red Army, "Girl with Dove", Sullivan & Worcester LLP, Poland, Molotov-Ribbentrop Pact, Przemysl, Leningrad, Paris Charles de Gaulle Airport, Hague Convention on the Service Abroad, Jean-Jacques Neuer, Polish Central Authority, USSR

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