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

Monthly Archives: June 2014

Lauder Editorial on Stolen Art and Museums Fails the Glass House Test

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

The Wall Street Journal published an editorial today by Ronald S. Lauder entitled “Time to Evict Nazi-Looted Art From Museums.”  Lauder, the one-time U.S. Ambassador to Austria, current President of the World Jewish Congress, and Honorary Chairman of the Board of Trustees of the Museum of Modern Art in New York, is a frequent commentator… Continue Reading

Analysis and Views Develop on New York Art Authentication Protection Bill

By Nicholas O'Donnell on Posted in Authentication

As we reported back in February, the State Assembly and Senate are considering parallel versions of an amendment to the New York Arts & Cultural Affairs Law that would enhance protections for art authenticators by raising the burden of proof and providing for prevailing-party attorneys’ fees.  Our view was, and remains, that the law would… Continue Reading

St. Louis Art Museum Dismisses Its Lawsuit Over Mask of Ka-Nefer-Nefer, Could Bring it Again if It Chose

By Nicholas O'Donnell on Posted in Civil Forfeiture, Customs

I wondered aloud two weeks ago what the St. Louis Art Museum would do with its declaratory judgment action over the Mask of Ka-Nefer-Nefer after the U.S. Court of Appeals for the 8th  Circuit affirmed the dismissal of the related forfeiture action brought by the government.  With the question of seizure answered for good, I… Continue Reading

“Fight Over Paintings Looted by Nazis May Finally Get Trial Thanks to 9th Cir.” Published by Bloomberg BNA

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

I am quoted at length in an article about the recent Von Saher decision: “Fight Over Paintings Looted by Nazis May Finally Get Trial Thanks to 9th Cir.” by Nicholas Datlowe, published by Bloomberg BNA’s United States Law Week.  The article covers the overall background and importance of the decision, and has quotes from the… Continue Reading

What Happens to St. Louis Art Museum Suit Against the U.S. over the Mask of Ka Nefer Nefer—Will Museum Dismiss its Case Voluntarily?

By Nicholas O'Donnell on Posted in Civil Forfeiture, Customs

On the heels of the St. Louis Art Museum’s victory against the civil forfeiture action over the Mask of Ka-Nefer-Nefer, the question arises what the museum will do with the lawsuit it filed in 2011 concerning the mask.  That lawsuit, The Art Museum Subdistrict of the Metropolitan Zoological Park and Museum District of the City… Continue Reading

Appeals Court Rules Mask of Ka-Nefer-Nefer Will Stay at St. Louis Art Museum Because Government Missed Deadlines

By Nicholas O'Donnell on Posted in Antiquities, Customs, Restitution

 The Court of Appeals for the 8th Circuit has affirmed the dismissal of the U.S. government’s attempt to seize the Mask of Ka-Nefer-Nefer from the St. Louis Art Museum.  Despite the government’s persistent characterization the mask as stolen before it entered the country, the civil forfeiture case has been rebuffed.  The narrow issue was whether the trial… Continue Reading

Gurlitt Task Force Makes First Determination that Matisse “Seated Woman” Was Stolen From Rosenbergs; Questions Remain About What Happens Next

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

The Gurlitt Task Force has issued its first public conclusion about the status of work amongst the collection found in Cornelius Gurlitt’s apartment.  Chair Ingebeborg Berggreen-Merkel issued a statement today that (my translation): Even if it could not be documented with certainty under what circumstances Hildebrand Gurlitt came into the possession of the work, the… Continue Reading

Restitution Claims for Cranach Paintings in the Norton Simon Museum Revived by Ninth Circuit, Case Now Hinges on Act of State Doctrine

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

The U.S. Court of Appeals for the Ninth Circuit restored on June 6, 2014 the claims by Marei von Saher against the Norton Simon Museum in Pasadena for the paintings Adam and Eve by Lucas Cranach the Elder.  The appeals court followed its decision in Cassirer v. Kingdom of Spain in December of last year, concerning… Continue Reading

A Trust For The Benefit of the Public is Not “the Public Trust”—The Deaccessioning Debate and the Detroit Institute of Arts

By Nicholas O'Donnell on Posted in Uncategorized

Reflecting on the recent argument by the Detroit Institute of Arts that the city of Detroit cannot legally sell, let alone be forced to sell, the artwork in the museum to satisfy creditor, some overlapping terminology creates the possibility of an important confusion.  Particularly in the realm of deaccessioning, this distinctions are quite important.  Meanwhile,… Continue Reading

Reactions and Reviews of “Art Fairs: An Irresistible Force In The Art World?” At Sotheby’s Institute Last Week

By Nicholas O'Donnell on Posted in Events

I took part in last week’s panel discussion at the Sotheby’s Institute entitled “Art Fairs: An Irresistible Force In The Art World?”  Moderated by Judith Prowda, the panel was comprised of Edward Winkleman, Elizabeth Dee, Richard Lehun, and me.  We reviewed the financial, practical, ethical, and legal effects that the expansion of art fairs has… Continue Reading