The Art Law Report Providing timely updates and commentary on legal issues in the museum and visual arts communities

Monthly Archives: April 2012

Portrait of Wally in Hindsight: What did it Really Change?

By Nicholas O'Donnell on Posted in Customs, Foreign Sovereign Immunities, Immunity from Seizure Act

A new piece at the Art Newspaper reflects on the importance of the Portrait of Wally case. Wally was seized in 1998 by customs officials on the theory that it was stolen property when imported into the U.S.  The painting sat in a warehouse for 12 years, until a settlement returned the painting to Vienna in… Continue Reading

Commentary Takes Shape on S.B. 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

By Nicholas O'Donnell on Posted in Collections, Customs, Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Foreign Sovereign Immunities, Restitution, Senate Bill 2212, Uncategorized, World War II

It’s been a few weeks since the House passed the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (H.R. 4086) and sent it on to the Senate for consideration as S.B. 2212.  It has bipartisan sponsorship there (Dianne Feinstein and Orrin Hatch), but no word yet on when it will be put to a vote. As… Continue Reading

Von Saher claim against Norton Simon Museum dismissed as preempted under foreign affairs doctrine.

By Nicholas O'Donnell on Posted in Foreign Sovereign Immunities, Restitution, Uncategorized, World War II

Raising another hurdle to restitution claims, the U.S. District Court in Los Angeles against the Norton Simon Museum to the remnants of the famed Jacques Goudstikker collection, on the grounds that her case is preempted by the United States’ foreign affairs doctrine.  In an unusually apologetic decision, the court ruled that regardless of the merits… Continue Reading

Sullivan & Worcester LLP Art and Estate Planning Panel With Citi Private Bank Postponed

By Nicholas O'Donnell on Posted in Uncategorized

The joint panel presentation by Sullivan & Worcester LLP’s Art and Museum Law Group (home of your Art Law Report) and Citi Private Bank next Wednesday, April 11, 2012 in Boston that I was scheduled to moderate with Cornelius J. Murray, III, Trust & Estates Practice Chair, Sullivan & Worcester LLP; Suzanne Gyorgy, Head of Art… Continue Reading

St. Louis Art Museum Prevails Against U.S. Claim to Mask of Ka-Nefer-Nefer

By Nicholas O'Donnell on Posted in Customs

  The St. Louis Art Museum has defeated the federal goverment’s efforts to seize the Egyptian Mask of Ka-Nefer-Nefer under U.S. customs laws.  The Mask of Ka-Nefer-Nefer is a funerary mask of an ancient Egyptian noblewoman.  The St. Louis Art Museum purchased it from a dealer in 1998.  Sometime later, the United States began to seek its seizure, arguing… Continue Reading