Art Law Report

Recap of “Rethinking Art Authentication” at the New York City Bar

Posted by Nicholas O'Donnell on December 10, 2015 at 6:34 AM

Last week the Art Law Committee of the New York City Bar Association hosted a terrific two-hour event. Entitled “Rethinking Art Authentication,” the discussion aimed to address a way forward from the problems of fakes, forgeries, and authentication lawsuits that have plagued the art market in recent years. It was a lively and fascinating evening.

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Topics: Karl Waldmann, Ceroni, Jacobs Technion-Cornell Institute, Leonardo da Vinci, Cady Noland, Knoedler, New York Assembly, Catalogue raisonée, authentication, Dean R. Nicyper, New York University, Colette Loll, Blue Room, Dan Flavin, Dada, Visual Artists Rights Act, Rick Johnson, Rethinking Art Authentication, The Work of Art in the Age of Mechanical Reproduct, Jennifer L. Mass, Art Law Committee, Trial Lawyers Association, Beltracchi, Events, La Bella Principessa, Hyperspectral imaging, Gerhard Richter, New York City Bar Association, Cornell Tech, Rijksmuseum, Cowboys Milking, Andy Warhol, Picasso, New York Senate, Walter Benjamin, Elmyr de Hory, Withers Bergman LLP, Amadeo Modigliani, Amy M. Adler

Always Read Closely: New York Senate Passes Authentication Bill, But Enhanced Burden of Proof Stripped from Earlier Proposal and Fee-Shifting Is Diluted

Posted by Nicholas O'Donnell on June 22, 2015 at 7:49 AM

The New York State Senate has passed a bill relating to the liability of authenticators and appraisers. When I first saw the news it seemed like a minor development, but then I went and read the bill. It stripped out a material aspect of the bill first proposed last year that would have required plaintiffs seeking damages against authenticators to prove their case by clear and convincing evidence, a daunting standard. Heightened pleading requirements are still contained within the bill, but the attorneys’ fees provision has also been watered down, with such an award now discretionary rather than mandatory.

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Topics: Legislation, Section 13.04, Section 15.12, Hyperallergic, authentication, clear and convincing, fee-shifting, Senate Bill S6794, Warhol Foundation, attorneys' fees, preponderance of the evidence, appraiser, New York Arts & Cultural Affairs Law, authenticator, New York Senate, S1229-A

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The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities.

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