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Thyssen-Bornemisza Prevails Over Cassirer Heirs' Claim to Pissarro Taken by Nazis Despite Acts “Inconsistent with the Washington...

One of the longest-running court cases in the United States about art looted by the Nazis has been decided in favor of the current possessor, the Thyssen-Bornemisza Museum in Madrid, an instrumentality of the Kingdom of...more

Germany and its Federal States Announce Collective Declaration with Respect to Colonial Artifacts and Human Remains

Debate has peaked in the last year or so about the treatment and possible restitution of so-called colonial artifacts in Western (i.e., European and North American) museums. The conversation is important for many reasons, but...more

Berkshire Museum Tries to End-Run Pending Appeal but Member Plaintiffs Decline to be Bullied

After four months of silence, the Berkshire Museum suddenly demanded last week that my clients dismiss their still-pending lawsuit over the governance of the museum by claiming that the April decision by the Single Justice of...more

Sullivan & Worcester LLP Assists in Relocation of "Digital DNA" from Palo Alto to Harvard

I am pleased to report on the outcome of a matter we announced in February. After a disagreement with the City of Palo Alto (California) about her sculpture Digital DNA, Sullivan & Worcester LLP client Adriana Varella has...more

A Step Back from the Brink—Agnes Martin Authentication Board Prevails in Court

The decision by a New York court last month in favor of the Agnes Martin Catalogue Raisonné (AMCR) in a lawsuit by the Mayor Gallery Ltd in the United Kingdom is the latest in a series of disputes over the practice of...more

What About Margarethe Mauthner? Van Gogh Once Owned by Elizabeth Taylor Heads to Auction Again with Scant Mention of its...

Since the passage in 2016 of the Holocaust Expropriated Art Recovery (HEAR) Act, many commenters (here included) have grappled with what the implications of the law will be on the scope and frequency of future claims. Even as...more

Members of the Berkshire Museum Ask Supreme Judicial Court to Stop Berkshire Museum’s Deaccession Plan

(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...more

Members of the Berkshire Museum Pledge to Continue Fight Against Liquidation of the Museum’s Art Collection

(Boston, MA, February 13, 2018) Sullivan & Worcester LLP clients and Berkshire Museum members James Hatt, Kristin Hatt, and Elizabeth Weinberg sharply denounced today the agreement that was announced Friday evening between...more

Artist Adriana Varella Demands that the City of Palo Alto Halt its Plans to Remove Her Renowned Work "Digital DNA"

Sullivan & Worcester LLP has taken action on behalf of its client, artist Adriana Varella, to protect her sculpture Digital DNA from removal and destruction by the City of Palo Alto, California. Digital DNA has stood in the...more

Members of the Berkshire Museum File Appeal Papers to Stop Museum's Planned Sale of 40 Works from its Collection

(Boston, MA, January 16, 2018) Sullivan & Worcester LLP has filed its papers in the appeal by its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture. The appeal...more

“Building an Art Market 2.0”—Responsible Art Market Initiative Event February 2, 2018 in Geneva

Readers of the Art Law Report will know that we have regularly touted the collaborative efforts of the Art Law Centre of the University of Geneva, the Fondation pour le Droit d’Art (Art Law Foundation), and now the...more

Injunction Against Berkshire Museum Sale Is Extended

The Single Justice of the Massachusetts Appeals Court (Joseph A. Trainor) has extended the injunction against the Berkshire Museum's proposed sale of 40 works of art in its collection until at least January 29, 2018. In its...more

Members of the Berkshire Museum Appeal Ruling on Planned Sale of Critical Pieces of its Collection

Sullivan & Worcester LLP has filed an appeal on behalf of its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture. The appeal is brought as a result of the...more

Appeals Court Stays Sale of Berkshire Museum Paintings

Attorney General’s Motion, Supported by Private Plaintiffs, is Allowed on the Eve of Auction The Massachusetts Appeals Court has stopped the imminent auction of paintings owned by the Berkshire Museum. Late Friday, a single...more

Massachusetts AG Asks Appeals Court to Halt Monday's Berkshire Museum Sale

The Massachusetts Attorney General has moved the Appeals Court of Massachusetts for an emergency injunction pending appeal of the November 7, 2017 decision denying the motions by the AG, my clients, and others, seeking to...more

Members of Berkshire Museum File Suit Seeking Injunction Against Sale of Art Collection

Forty Masterpieces of American and European Art Scheduled for Auction - (Boston, MA, October 26, 2017) Sullivan & Worcester LLP has filed a lawsuit on behalf of Berkshire County residents and members of the Berkshire...more

Rich Man/Poor Man? The Berkshire Museum and Why Deaccessioning is so Frustrating

Two wonderful museums recently announced plans to sell major works of art. In one case, some 40 paintings, American masterpieces among them, will be sold at auction. In another, more than 400 photographs will also be sold....more

This Painting is My Speech, This Painting is Your Speech—Government Scores a Win in Capitol Painting Controversy

A controversial painting removed from display at the U.S. Capitol will not be returning to display after the U.S. District Court denied a request for an injunction before the exhibition in question came to an end. While the...more

“Charging Bull” Sculptor Articulates VARA Complaint, But “Fearless Girl” Still Standing Firm

After a recent discussion about whether the new Fearless Girl sculpture by Kristen Visbal in Lower Manhattan might implicate the copyright of the earlier Charging Bull sculpture that has been there for nearly three decades,...more

"Fearless Girl" Sculpture Near Wall Street Prompts Copyright Allegation That is More Bull than Bear

The sudden appearance near Wall Street on March 8, 2017 of The Fearless Girl, a bronze life-sized depiction of a roughly ten-year old girl staring defiantly at the famous Charging Bull sculpture has prompted headlines...more

Art Advisors and Duty of Loyalty in Focus Again Over Sale of Basquiat

We reviewed in December an important decision that addressed the duties of loyalty that art advisors may, or may not, owe to their clients in dealing in the art market. That question—of to what extent advisors and...more

Battle Over Controversial Student Art in U.S. Capitol Lands in Court—First Amendment in Focus Again

For several weeks earlier this year, an odd battle was waged in the halls of the U.S. Capitol over a controversial work of art by a high school student placed there after an art competition in St. Louis. At issue is whether...more

Gurlitt Bequest to Kunstmuseum Bern is Upheld

Cousin Had Challenged His Capacity to Make a Will Shortly Before 2014 Death - After a two-year legal battle, the Oberlandesgericht in Munich has upheld the dismissal of Uta Werner’s challenge to the will made by...more

Exhibition Interference Shows That Public Institutions Still Struggle with First Amendment

Use of Confederate Flag in California Painting and Klan Imagery in Massachusetts Leads to Removal of Controversial Works - Two recent interventions by public authorities to remove controversial works of art underscore...more

New Authentication Lawsuit Filed Against Agnes Martin Catalogue Raisonné

For several years the topic of litigation against appraisers and authenticators has been a controversial issue, causing a number of artists’ foundations and independent professionals to refrain from giving opinions for fear...more

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