Art Lending, Bailments, Consignments, UCC, Liens and Security Interests

Description:

While Article 2 of the U.C.C. governs an array of issues arising in art transactions, many states, including New York, doubting the sufficiency of the U.C.C. alone to safeguard art buyers, have enacted legislation that in some cases overrides the U.C.C. Learn about warranties, both from a review of U.C.C. principles and legislative and judicial expansions of the protections.

Discover the bailment/consignment laws that can be implicated in a variety of art transactions such as consignments to galleries or dealers for possible sale or exhibit; consignment to auction houses for possible sale; delivery to art restorers for restoration purposes; delivery of possession to a lender as collateral for a loan; delivery to an art storage facility or warehouse; and delivery to a specialist or expert for appraisal. Determine when a security interest is created and when consigned artwork can be subject to claims by creditors. Hear about potential problems that can arise such s conflicting claims by multiple parties, foreclosure and bankruptcy.

Lecturers:

• Judith A. Bressler, Robert J. Feinstein, Dean R. Nicyper, Jan Prasens, and Hon. Joseph P. Sullivan

Judith A. Bressler, Robert J. Feinstein, Dean R. Nicyper, Jan Prasens, and Hon. Joseph P. Sullivan

 

Judith A. Bressler
Withers Bergman LLP

Judith's practice is focused on Art Law, Mediation, Arbitration, Intellectual Property, Commercial and Publishing Law. Related practice areas: Commercial litigation & arbitration, Cultural assets & art IP, media & reputation management, Litigation. Publications and speaking engagements: Serra v. USA and its Afermath: Mandate for Moral Rights in America? Published in the book Trials ofArt, Ridinghouse publishers, London, Nov. 2007 (the book was edited by Daniel McClean of Withers).Expert Opinions & Liabilities in Art Law published in the NY State Bar Association's Entertainment, Art & Sports Law Journal, FallIWinter 2007. Artist-Dealer Relations: Representing the Visual Artist included in the book Entertainment Litigation published by the NY State Bar Association, 2007.  Alternative Dispute Resolution (co-authored) included in the book Entertainment Litigation published by the NY State Bar Association, 2007.


Robert J. Feinstein
Pachulski, Stang, Ziehl & Jones LLP

Robert J. Feinstein is the managing partner of the firm's New York office, which he opened in 200 1. He has had extensive experience representing debtors, creditors' committees, equity committees, and acquirers, among others, in business reorganizations and related litigation. Mr. Feinstein is an adjunct professor in the LL.M. in Bankruptcy program at St. John's University School of Law and the associate editor of the Norton Journal of Bankruptcy Law & Practice.
He frequently lectures and has authored numerous articles on bankruptcy topics, and is a regular contributor to the Norton Bankruptcy Law Advisor and Norton Bankruptcy Law & Practice 2d. He was profiled in the American Lawyer for his work as debtors' counsel in the Penthouse and Mike Tyson chapter 11 cases. Mr. Feinstein is a graduate of Lafayette College and received his J.D. magna cum laude from Boston University School of Law. He holds an AV Peer Rating, Martindale- Hubbell's highest peer recognition for ethical standards and legal ability. Mr. Feinstein is admitted to practice in New York and  Massachusetts.


Dean R. Nicyper
Fleming, Zulack, Williamson, Zauderer LLP

Mr. Nicyper's practice has focused on commercial disputes, art law, intellectual property, product liability, and securities litigation and investigations. He also has litigated matters involving complex insurance disputes, antiquities disputes, mergers and acquisitions, the First Amendment, media, constitutional law, and environmental contamination. He has handled trials and cases in state and federal courts around the country. In addition, 'Mr. Nicyper handles software contract and licensing negotiations and provides advice on intellectual property issues. Mr. Nicyper has represented a large auction house in dozens of lawsuits covering a broad range of art law related issues, such as authenticity of works of art, art fraud, auction law, consignment obligations as well as rights and obligations of parties in loan transactions where works of art have been pledged as collateral. He also has assisted clients in art-related matters involving patrimony and endangered species laws. Mr. Nicyper also has extensive experience in product liability litigation around the country. Court TV relied on Mr. Nicyper's product liability expertise, having him appear several times as a commentator for featured product liability cases. He also represented large investment institutions in connection with investigations by the Securities and Exchange Commission, as well as in private civil actions. He additionally has extensive experience defending clients against securities law claims. Mr. Nicyper's environmental litigation experience has primarily involved groundwater contamination, soil contamination and hazardous waste issues. He has handled large Superfund
cases as well as responses to state and federal environmental investigations around the country. Mr. Nicyper joined our firm in 1994 after nine years of practice at Cahill Gordon & Reindel LLP in New York.

Jan Prasens
Sotheby’s

Jan Prasens is a Managing Director, Sotheby's Finance Segment. Previously she was a Treasurer at Sotheby's.


Hon. Joseph P. Sullivan (Ret.)
Holland & Knight LLP

Justice Joseph P. Sullivan is Of Counsel to Holland & Knight's New York office. A former Presiding Justice of the Appellate Division, First Judicial Department, in New York City, he concentrates his practice in appellate, mediation, arbitration and white collar matters. Justice Sullivan has had a distinguished career in judicial service. He served as a Judge of the Civil Court of the City of New York (1 969 - 1972); Justice of the Supreme Court of the State of New York, First Judicial Department (1973 - 1977); Associate Justice of the Appellate Division, First Judicial Department (1978 - 2000); Presiding Justice of the Appellate Division, First Judicial Department (2000 - 2001); and most recently as an Associate Justice of the Appellate Division, First Judicial Department (2002 - 2007).
In addition, Justice Sullivan has received a number of honors, among which is being nominated ten times by the Commission on Judicial Nomination for appointment to the Court of Appeals, including twice for the office of Chief Judge.

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Art Lending, Bailments, Consignments, UCC, Liens and Security Interests