Double Indemnity

When it comes to art theft, a variety of laws can help make the case for museums.

It was close to midnight when Paulie showed, and he hadn’t come alone. Next to him, in the shadowy corner of a midtown gin mill, slouched a young moll wearing too much lipstick and not enough skirt. “Our assistant curator for collections,” Paulie rasped by way of introduction. Continue reading “Double Indemnity”

FCRA Lawsuits

Federal lawsuits on credit and debit card receipts targeting retailers highlights dangers companies face when dealing with personal information, says retailer attorney Brad Muro.

Class Actions allege that printing of expiration date on customer receipts violate Fair Credit Reporting Act; Federal and State laws provide multiple minefields for retailers.

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The Proper Pedigree

The provenance of an artwork can greatly influence its value, so it pays to be protected from possible errors.

Like much of the art world, we head down to Art Basel Miami Beach every December for culture (sort of), sun and an escape from our legal practice in New York.  Occasionally we manage two out of the three.

Last year we ran into our old friend Madeleine while checking into our hotel, and before we could even get our room keys, she cornered us for some professional advice.  Madeleine was interested in buying an unsigned painting on display in the booth of a Chelsea gallery.  Continue reading “The Proper Pedigree”

LLC Publication Requirements

New York recently enacted a strict new law concerning publication requirements for limited liability entities.  The old requirement was often overlooked as the consequences for non-compliance were minimal.  The consequences for non-compliance with the new law, however, are more severe and result in a suspension of the entity’s authority to conduct business.

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Hidden Hazards

Serving as a museum trustee is prestigious and can be gratifying, but here’s why you should tread carefully.

As careful attorneys, we are not much given to games of chance like roulette or, the way Thomas plays it, golf. Others whom we advise, though, are somewhat less averse to risk, and enjoy eating oysters in the sun or even serving as trustees for prestigious museums. Continue reading “Hidden Hazards”

The Perils of Consigning

Protecting your stake in an artwork may not be as simple as it seems, especially when you consign it to a gallery.

According to one of our most faithful readers, we spend too much time gallivanting about at gallery openings and attending fancy dinners with art collectors. Our mother may be right, but our legal practice also has a serious side: On occasion, we are called upon to deliver especially bad news regarding our clients’ art-world investments. And consignments of art produce more bad news than any other area of our firm’s practice. Continue reading “The Perils of Consigning”

But is it Art?

You plan to import a work of art. Whether or not you pay duty on it depends on whether the government agrees that it is art.

“Nice couch,” Thomas said, glancing at the photograph in Eunice’s hand. “But it looks a bit uncomfortable.”
“It’s a conceptual granite sculpture,” Eunice replied, rolling her eyes. “The artist calls it Form Meets Futon. The work was carved in Europe and when I arranged to bring it here, the shipper claimed I’d have to pay duty. But that’s clearly wrong, since art comes into the U.S. duty-free.” Continue reading “But is it Art?”

Reversal of Fortune

Your valuable artwork comes with a certificate of authenticity. What can you do if it turns out to be fake?

Some of our clients want us to work miracles, while others merely want the impossible. And then there was Dan, a hedge fund manager who arrived at our office balancing his BlackBerry and two cell phones on top of a 19th-century painting that he had inherited from his grandfather. Continue reading “Reversal of Fortune”

On Sacred Ground

Tribal artifacts may be the world’s cultural footprints, but if you want to reproduce them, you’d better watch your step.

We should have known better. When Michael called for a consultation, he was oddly evasive about his business affairs, but we agreed to see him anyway. Continue reading “On Sacred Ground”

Double Dealing

You allow two dealers to handle an artwork, and one of them makes the sale. Do you owe both a commission?

“I tried to sell a Chinese antique, but I may have bought a lawsuit instead!” Arabelle cried, as she sat in our conference room early one morning. Litigation doesn’t particularly scare us, so we asked her to calm down and explain. Continue reading “Double Dealing”