Art Law Report Header-1

Sullivan Files Supreme Court Amicus Brief with former State Department Legal Adviser in Nazi-looted Art Case

Posted by Nicholas O'Donnell on November 22, 2021 at 5:43 PM

Today I am pleased to announce that I have filed a brief in the Supreme Court of the United States as counsel of record for amicus curiae Mark B. Feldman, former U.S. Department of State Acting Legal Adviser. We filed the brief in the case of Cassirer et al. v. Thyssen-Bornemisza Collection Foundation (“TBC”). Cassirer is the long-running dispute over title to Rue St. Honoré, après-midi, effet de pluie (Rue St. Honoré, Afternoon, Rain Effect) by Impressionist painter Camille Pissarro. The painting once belonged to Lilly Cassirer, a Jewish woman in Berlin in 1939, from whom Nazi agents “bought” the painting. The case before the Supreme Court is not about whether the painting was stolen—it is undisputed that it was. Rather, the Supreme Court will review the Ninth Circuit’s decision that Spanish law, not California law, should govern the ownership rights.

Read More

Topics: Guelph Treasure, Lilly Cassirer, Foreign Sovereign Immunities Act, Supreme Court, SPK, Stiftung Preussischer Kulturbesitz, Hermann Goering, FSIA, expropriation exception”, sovereign immunity, UNESCO, Rue St. Honoré, Camille Pissarro, Baron Hans-Heinrich Thyssen- Bornemisza, Cassirer v. Thyssen-Bornemisza Collection, Welfenschatz, Jakob Scheidwimmer, Philipp v. F.R.G., Mark B. Feldman

Event in Canterbury (UK)—"Cultural Heritage in Danger: Illicit Trafficking, Armed Conflicts and Cultural Diplomacy"

Posted by Nicholas O'Donnell on May 10, 2017 at 9:17 AM

I will not be able to attend, but there is an event in the United Kingdom on June 9, 2017 in Canterbury well worth attending for anyone interested.  Entitled “Cultural Heritage in Danger: Illicit Trafficking, Armed Conflicts and Cultural Diplomacy,” the conference organizers describe it as follows.  Registration is available here.

Read More

Topics: UNESCO, University of Kent, Brexit, Canterbury, Janet Ulph, University of Leicester, Kathryn Walker Tubb, David Gill, University of Suffolk, Karl Goodwin, London School of Economics and Political Science, Maria Dimitriou, Kristin Hausler, Tasoula Hadjitofi, 1954 Hague Convention, Artemis Papathanassiou, Dr Sophia Labadi, Dr Tatiana Flessas, Mark Harrison, Sophie Hayes, Dr Sophie Vigneron, Kent Law School, Dr. Carla Figueira

Backwards, Not Forwards: German Cultural Ministry Submits Revised Cultural Heritage Protection Law

Posted by Nicholas O'Donnell on September 21, 2015 at 6:50 AM

After two months of scathing criticism, the German Ministry of Culture has submitted a watered-down, but still problematic, revision to its Cultural Heritage Protection Law. Back in July, Minister of Culture Monika Grütters announced the initial proposal to amend Germany’s law, or Kulturgutschutzgesetz. The revision, however, is optical at best, and seems targeted only to soften criticism while still taking a regressive view of cultural property that is more at home in the 18th century than the 21st. It will probably pass, to the detriment of forward thinking art market players who will move their trade elsewhere.

Read More

Topics: cultural property, Guelph Treasure, Georg Baselitz, German Cultural Ministry, U.S., Restitution, UNESCO, Switzerland, Austria, Kulturgutschutzgesetz, Gerhard Richter, Museums, Andy Warhol, Monika Grütters, Cultural Heritage Protection, Native American Graves Protection and Repatriation, NAGPRA

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