Antiquities, Authentication, Provenance, Insurance, Damages, Appraisals and Valuation

Description:

Buying and selling ancient art requires the prudent purchaser to research the origin and history of ownership of an object and to evaluate the available information in the context of the legal framework discussed by this panel, for potential penalties for the unwitting purchaser of smuggled objects include civil forfeiture and for those who knew or in retrospect “consciously avoided” full knowledge, jail.

Other issues discussed in the program include valuation and tax issues; obtaining proper appraisals of art work; issues related to fractional transfers of art; choice of law and applicability of foreign law in U.S. Courts; common issues in international art disputes.

 

Lecturers:

• Raymond J. Dowd, Hon. Barbara Jaffe, Thomas R. Kline, Hon. John G. Koeltl, Ralph E. Lerner, Anke Nordemann, William G. Pearlstein, and Dr. Lucille Roussin

Raymond J. Dowd, Hon. Barbara Jaffe, Thomas R. Kline, Hon. John G. Koeltl, Ralph E. Lerner, Anke Nordemann, William G. Pearlstein, and Dr. Lucille Roussin

Raymond J. Dowd
Dunnington Bartholow & Miller LLP

Member of DBM's intellectual property, corporate, litigation and arbitration practice groups. He has broad commercial litigation experience in both federal and state courts, and has represented copyright, trademark and domain name owners, broadcasters, distributors and content providers in transactions and litigation, representing both plaintiffs and defendants. He has conducted numerous bench and jury trials and arbitrations. He has obtained, enforced, and collected judgments including conducting seizures. In addition, he has provided corporate and transactional representation entrepreneurial companies from the incorporation and startup phase through significant growth. Mr. Dowd represents collectors and dealers of fine art and has litigated disputes involving authenticity, forgery, ownership and provenance. Mr. Dowd regularly speaks to trade associations on copyright, fine art, trademark and litigation issues, and participates in organizing continuing legal education programs.

 

Hon. Barbara Jaffe
Civil Court of the City of NY

Admitted to Bar
1985 New York
1990 United States Supreme Court

Law School
1984 Brooklyn Law School

College
1981 MA, Syracuse University
1974 BA, Syracuse University

Experience
-1/1/02 Elected to Civil Court
-2002-04 Assigned to Criminal Court
-1993-02 Principal Court Attorney to Hon. Marcy Kahn, Supreme Court of the State of New York
-1986-93 Court Attorney to Hon. Jay Gold, Supreme Court of the State of New York
-1984-86 Associate Appellate Counsel, Criminal Appeals Bureau, The Legal Aid Society
-1975-8 1 Administrator, Madison Galleries, Ltd., New York, New York


Thomas R. Kline
Tom concentrates his practice in civil litigation, arbitration and alternative dispute resolution involving the following areas: general commercial matters, bankruptcy, intellectual property, insurance, energy, environmental issues and administrative law cases, with a specialization in art and cultural property litigation and advice.
Tom most recently served as the Managing Partner of Andrews
Kurth's Washington, DC office and on the firm's Policy Committee.

INDUSTRIES:
Art and Cultural
Property
Insurance

PRACTICES:
Arbitration/Mediation
Art and Cultural
Property
Litigation
Professional Liability

EDUCATION:
JD, 1975, Columbia University School of Law, Columbia Law Review, Member and Editorial Board (1974-1975), James Kent Scholar (1974-1975), Harlan Fiske Stone Scholar
(1972-1973, 1973-1974) AB, 1968, Columbia College, New York

ADMISSIONS:
Maryland 1996
New York 1976
District of Columbia
1976

LANGUAGES:
French

PUBLICATIONS:
"Q&A with Thomas Kline" Art and Cultural Heritage Law Newsletter (Spring 2008)
"Chapter: Art Market" Yearbook of Cultural Property Law (2008)
"Chapter: Art Market" Yearbook of Cultural Property Law (2007)
"Museum Governance Developments: Trustees Taking Greater
Responsibility" Yearbook of Cultural Property Law (2007)
"Christie's New York To Auction Picasso's Still Life" artdaily.com
(November 1, 2006)
"Wiesenthal Centre Challenges Hunt Museum on Looted Art Issues—Hunt
Museum Evaluation Group Reports Response to Irish Museum Community"
Kunst und Recht
"Chapter: Art Market" Yearbook of Cultural Property Law (2006)
"U.S. Citizen Can Sue Austria: Supreme Court Rules in Favor of Klimt
Claimant" ArtNews (June 1, 2004)
"Unfinished Business: Returning Looted War Assets," a Book Review by
Thomas R. Kline Public Affairs (January 1, 2003)
"The New York State Law Initiative" (April 12, 2000)
"Resolving Stolen Art Theft Claims" Congress Monthly (December 31,
1999)
"Recent Developments in the Recovery of Old Master Drawings from
Bremen" The Spoils of War International Newsletter (June 1, 1998)
"The Recovery of Stolen Art Sold in the United States from a Neutral
Country" American University International Law Review (1998)
"Legal Issues Relating to the Recovery of the Quedlinburg Treasures" The
Spoils of War (December 31, 1997)

PROFESSIONAL RECOGNITION:
Officer's Cross of the Order of Merit of the Federal Republic of Germany (Das Verdienstkreuz des Verdienstordens)

BRIEFINGS, SEMINARS & SPEECHES:
"Culture and Conflict: The US and the 1954 Hague Convention" Conference (October 23, 2009)
"What is Art Law? Art, Cultural Property and Museum Law and Practice" (October 21, 2009)
Aspen Cultural Diplomacy Forum (September 15, 2009)
"Estate and Tax Strategies" (May 2009)
"Provenance Research and Council of American Jewish Museums (CAJM) Leadership: Not An Option, an Imperative"
(February 4, 2009)
"Legal Issues in the Restitution of Art Looted by the Nazis or Otherwise Displaced During Wartime" (February 2, 2009)
"The Changing Interface Between Legal Title and the Valuation of Fine Art and Tangible Personal Property" (January 14,
2009)
"Legal Issues in the Restitution of Art Looted by the Nazis or Otherwise Displaced during World War II" (April 28, 2005)
"Opening Statement to the Committee on Art & Cultural Property Presidential Advisory Commission on Holocaust Assets
in the United States" (April 12, 2000)
Speaker
"Recovery of Art Stolen During World War II," When Justice Fails: Threats to the Independence of the Judiciary, National
Judicial College, Washington, DC (February 1999)
"United States Law Governing the Restitution of Stolen Art and Cultural Property," Okinawa, Japan (October 1998)
"United States Law Governing the Restitution of Stolen Art and Cultural Property," The Legal Aspects Concerning the
Restitution of Cultural Treasures: Theory and Practice, Kiev, Ukraine (December 1996)
"Litigating Lender Liability for Hazardous Waste: the Mirabile Case," American Bar Association Litigation Section
Meeting, Chicago, Illinois (Fall 1987)
Panelist
"Evolving Standards: Due Diligence and the Acquisition of Antiquities and Ancient Art," American Association of
Museums Annual Meeting, Indianapolis (May 2005)
"Nazi Artwork Theft: Reality, Process and Responsibility Fifty Years Later," New York University School of Law, New
York City (March 1998)
Teacher
George Washington University, Assistant Professorial Lecturer, Museum Studies (2000-present)
George Mason University, School of Law, Adjunct Lecturer, Civil Procedure (1986)
The American University, Washington College of Law, Adjunct Lecturer, Legal Methods and Contracts (1977-1981)

AFFILIATIONS:
District of Columbia Bar
Maryland State Bar
New York State Bar
American Bar Association
NASD Dispute Regulation, Inc., Board of Arbitrators (1998-present)
Volunteer Mediator, USDC, District of Columbia, Alternate Dispute Resolution Program (1996-present)
Member, Editorial Advisory Board, Environmental Law Anthology (1995-present)
Co-chair, Energy Resources Law Committee, Tort and Insurance Practice Section, American Bar Association
(1989-1998)
Technical Advisory Board, Kunst und Recht (Art and Law Journal) (www.kur-journal.de)

IN THE NEWS:
Tom, along with Eden Burgess, was featured in the June issue of Legal Bisnow.
Tom was interviewed by National Geographic for two videos: "Man fights Nazi plunder" and "'Treasure Wars' Overview."
Tom was quoted by Bloomberg and the Associated Press in two articles on December 10, 2008: "Max Stern Estate
Pursues Nazi-Seized Art in German Collections," and "Max Stern Estate Recovers Looted Art in Europe and America."

PRESS RELEASES:
Andrews Kurth Announces Policy Committee Election (August 16, 2007)
Andrews Kurth Adds Two New Faces to Policy Committee (August 31, 2006)
Firm Obtains Net Recovery for Client of $84 Million in Ernst & Young Litigation (January 31, 2005)
Andrews Kurth Builds Corporate Securities Practice in DC (June 28, 2004)
Andrews & Kurth Elects Management Team (April 2, 2001)

John. G. Koeltl
Born 1945 in New York, NY

Federal Judicial Service:
-Judge, U. S. District Court, Southern District of New York
Nominated by William J. Clinton on April 26, 1994, to a seat vacated by Shirley Wohl Kram; Confirmed by the Senate on August 9, 1994, and received commission on August10, 1994.

Education:
Georgetown University, A.B., 1967
Harvard Law School, J.D., 1971

Professional Career:
Law clerk, Hon. Edward Weinfeld, U.S. District Court, Eastern District of New York, 1971-1972
Law clerk, Justice Potter Stewart, Supreme Court of the United States, 1972-1 973
Assistant special prosecutor, Watergate Special Prosecution Force, 1973- 1974
Private practice, New York City, 1975-1994


Ralph E. Lerner
Mr. Lerner is the preeminent attorney practicing full time in the field of rat
law. He is counsel at Withers Bergman LLP and the co-author of the award-winning treatise, ART LAW The Guide for Collectors, Investors, Dealers and Artists (First, Second and Third Edition), acclaimed as the "industry bible" by Forbes Magazine. He has served as Chairman of the Art Law Committee of the Association of the Bar of the City of New York, Chairman of the Fine Arts Committee of the New York State Bar
Association and Chairman of the Visual Arts Division of the American Bar Association Forum on Entertainment and Sports Law. He is currently on the Board of the New York Volunteer Lawyers for the Arts and is a Fellow of the American College of Trusts and Estates Counsel. Lerner is a nationally-acclaimed speaker and writer on the topic of taxplanning
for collectors and artists. He has extensive experience in dealing with the Internal Revenue Service in the broadest possible manner and numbers among his clients many of the foremost artists, collector and art dealers in America.


Anke Nordemann
Attorney at Law, admitted at the European Trade Mark Office, Partner, Potsdam studied law at the universities of Paris-I (Pantheon-Sorbonne), Gt,tingen and Munich. She obtained the doctorate in private international law from the university of Munich. She specializes in copyright, unfair competition, press and trade mark law as well as in international law.


William G. Pearlstein
Areas of Practice
Corporate and securities law
Public and private equity and debt financings
Initial and secondary public offerings
Mergers, acquisitions, and business combinations
Securities law reporting and compliance
Anti-takeover and corporate governance matters
International transactions
Commercial transactions
Joint ventures
Formation of investment funds
Regulation of international transfer of cultural property
Art Law commercial transactions and disputes

Author/Speaker
Author, Bookshelf: "The Expert Versus the Object: Judging
Fakes and False Attributions in the Visual Arts," New York Law Journal (September 14,2004)
Author, "Claims for the Repatriation of Cultural Property:
Prospects for a Managed Antiquities Market," 28: 1 Georgetown
Journal of Law & Policy in International Business (1997)
Contributing Editor, Art, Culture & the National Agenda:
Preserving Our Heritage, Center for Arts and Culture (2001)
Author, "Jeanneret v. Vichey, Sales of Illegally Exported Art Under the Uniform Commercial Code," 6 Northwestern Journal of International Law & Business 275 (1984)


Lucille Roussin
Lucille A. Roussin is the founder and Director of the Holocaust
Restitution Claims Practicum at the Benjamin IV. Cardozo School of Law in New York City, where she also teaches a seminar on Remedies for War Time Confiscation. She earned her law degree in 1996 from the Benjamin N. Cardozo School of Law. She was Deputy Research Director of the Art and Cultural Property Team of the Presidential Commission on Holocaust Assets in the US and was an associate in the Art and International Law Practice Group at Herrick, Feinstein LLP in New York City. She also teaches a course on "Art, the Law and Professional Ethics" in the School of Graduate Studies at the Fashion Institute of
Technology. Dr. Roussin earned a Ph.D. in Art History & Archaeology from Columbia University. She is currently a member of the Cultural Properties Legislation Committee of the Archaeological Institute of America and Co-Chair of the Art and Cultural Heritage Committee of the Section of International Law of the American Bar Association and a member of the Art Law Committee of the Association of the Bar of the City of New York. Her law practice is primarily devoted to restitution of property taken from Jewish families during the Holocaust, especially Jewish ritual objects.

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Antiquities, Authentication, Provenance, Insurance, Damages, Appraisals and Valuation