Representative Matters

Art Litigation and Dispute Resolution Matters

 

  • Represent an artist suing her former dealer alleging breach of dealer's obligation to remit sales proceeds under the New York Arts and Cultural Affairs Law

  • Defend a gallery accused of wrongful conduct by counterparty and art financier in various proceedings

  • Represent a gallery in action seeking money damages based on purported damage to artwork while on consignment

  • Represented an artist against claims filed by a gallerist following termination of gallery representation

  • Obtained judgment in favor of gallery against seller of artwork for breach of warranty of authenticity

  • Represented a visual artist and his family in a lawsuit seeking partition of real property and money damages in connection with alleged breaches of duties owed to former co-tenant, and represented creative director of fashion magazine in dispute alleging similar allegations

  • Defended a gallery against claims based on purported inaccuracies in provenance of works sold to purchaser

  • Advised gallery in connection with lawsuit against it for personal injuries sustained to exhibition attendee caused by attendee climbing onto artwork

  • Represented a director in a corporate governance litigation involving a foundation with over $1 billion in assets created by a prominent artist

  • Represented a purchaser of art in a lawsuit against auction house to rescind sale of work based on auction house's contractual guarantee of authenticity

  • Represented an artist in an action involving flood damage to over 100 works of art which settled after jury selection

  • Resolved a dispute among competing claimants to looted 20th century artwork

  • Successfully resolved several claims asserted by purported heirs or successors of artists seeking the return of artwork in another's possession that were claimed to have been gifted by the artist

  • Defended a visual artist against a copyright infringement claim brought by photographer on fair use grounds

Litigation and Dispute Resolution Matters in Creative Industries

 

  • Defended an international beverage company and its advertising agency in a copyright infringement action brought by a visual artist; the district court granted the defendants’ motion to dismiss on the ground that the works in question were not substantially similar

  • Represented several filmmakers in disputes with collaborators over copyright ownership of film footage

  • Defended numerous advertising agencies and their brand clients in claims involving the alleged use of plaintiffs’ copyrighted material in television commercials and other marketing materials

  • Represented numerous fashion models and actors in right of publicity and false advertising claims

Fine Art Transactional Matters

 

  • Represent artists and their advisors in negotiating agreements for the commission of artwork by private collectors and public institutions, including digital art, installation art, light-based art, kinetic art, and immersive art experiences

  • Advise numerous artists and galleries in connection with on-boarding a gallery as an artist's representative

  • Advise clients concerning various projects involving the production and sale of NFTs

  • Represent dealers in art investment agreements and dealer-to-dealer transactions and collaborations

  • Negotiate private sale agreements for major artworks

  • Represent numerous consignors of significant art collections for sale at auction

  • Negotiate guarantees of lots consigned for auction

  • Negotiate loan agreements for collectors, including touring exhibitions

  • Work with foreign counsel to assist New York dealers in establishing locations abroad and handling various issues that arise in cross-border transactions

  • Negotiated the sale of retiring gallerists' inventory to purchaser

Artists' Rights Matters

 

  • Advise in connection with ownership dispute over visual artist's oeuvre and related intellectual property

  • Advise in connection with legal issues affecting an artist's market and legacy, including intellectual property rights management, resale restrictions, and preparing catalogue raisonné submission agreements

  • Represent prominent artist studios in drafting licensing agreements and consulting agreements with collaborators

  • Review and draft agreements between artists and third-party fabricators

  • Defended art publisher in litigation involving alleged infringement of photographers' copyrighted works

  • Advise clients asserting and defending claims of copyright infringement and right of publicity violations in connection with the marketing and sale of NFTs that incorporate third-party material