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Category Archives: Collections

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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 Sovereign Immunities, Restitution, 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

Poster Collection Seized by Nazis Ordered Returned by German High Court

By Nicholas O'Donnell on Posted in Collections, Restitution, World War II

  Catherine Hickley of Bloomberg reports today from Berlin about a court-ordered return of more than 4,000 once owned by Hans Sachs, a Jewish dentist chased out of Nazi Germany.  The Bundesgerichtshof (BGH) is Germany’s highest civil court, and handed down the decision. At one time, Sachs’s collection had more than 12,000 posters by artist… Continue Reading

California Resale Royalty Act Case Against Sotheby’s, Christie’s, and eBay to Be Dismissed?

By Nicholas O'Donnell on Posted in Collections, Legislation

Donn Zaretsky at the Art Law Blog (whose prior commentary on the case gives excellent analysis of the Commerce Clause and other issues) reports that the U.S. District Court issued a tentative ruling at a hearing on Monday to dismiss the California Resale Royalty Act cases against Sotheby’s, Christie’s and eBay (Chuck Close is one of… Continue Reading

Sullivan & Worcester LLP joins with Citi Private Bank to Explore Art and Estate Planning

By Nicholas O'Donnell on Posted in Collections, Estate Planning

I am delighted to announce a joint presentation by Sullivan & Worcester LLP’s Art and Museum Law Group (home of your Art Law Report) and Citi Private Bank.  On April 11, 2012 here in Boston we will host a discussion of Art Advisory and Estate Planning.  Panelists will include Cornelius J. Murray, III, Trust &… Continue Reading

Russian Art Embargo News: Chabad Negotiations Over Russian Library Fail, Renewed Request for Contempt Sought

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

After months of inactivity and intimations of a possible settlement, the Chabad plaintiffs seeking the return of the Schneerson library have had enough, and have renewed their request to the District Court to sanction the defendants who have not complied with prior orders to return the library.  A brief recap: various Russian state libraries have… Continue Reading

Ruminations on Connoisseurship, Forgery, Knoedler and Litigation in the News

By Nicholas O'Donnell on Posted in Collections, Connoisseurship, Forgery

We’ve been following a number of prominent stories for several weeks now and thinking about what they mean in the crossover between art and the law.  It’s fair to say that a theme is starting to develop, namely, that after the Beltracchi forgery trial in Cologne, the Warhol Foundation’s decision to close its doors to… Continue Reading

Christie’s and Sotheby’s Sued over California Resale Rights

By Nicholas O'Donnell on Posted in Collections, Intellectual Property, Legislation

Christie’s and Sotheby’s were sued this week by several artists (including Chuck Close) as class action plaintiffs, alleging violations of California’s Resale Royalty Act.  The Resale Royalty Act is one of the few statutes in the United States recognizing artists’ rights to some of the proceeds of the sale of their works, even after the… Continue Reading

Barnes Foundation Case Dismissed, Relocation to Philadelphia Will Proceed

By Nicholas O'Donnell on Posted in Collections, Cy Pres, Standing, Trusts

To paraphrase the famous Saturday Night Live skit about General Francisco Franco: this just in: Museum members and supporters still cannot go to court to challenge the administration of the institution.  The Barnes Foundation has defeated the latest challenge to its right to move from its original home in Lower Merion outside of Philadelphia to… Continue Reading