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