Art Law Report

Appeals Court Stays Sale of Berkshire Museum Paintings

Posted by Nicholas O'Donnell on November 10, 2017 at 10:43 PM

Attorney General’s Motion, Supported by Private Plaintiffs, is Allowed on the Eve of Auction

The Massachusetts Appeals Court has stopped the imminent auction of paintings owned by the Berkshire Museum.  Late Friday, a single justice of the Appeals Court issued the following order:

ORDER: After reviewing the parties' submissions, the request for a preliminary injunction prohibiting the defendant, Trustees of the Berkshire Museum from selling, auctioning, or otherwise disposing of any of the artworks that have been listed for auction commencing on November 13, 2017, is allowed. The balance of the risk of irreparable harm to the petitioner and the respondent in light of each party's chance of success on the merits weighs in favor of the petitioner.

Read More

Topics: Nicholas M. O'Donnell, Pittsfield, Berkshire Museum, Attorney General, Maura Healey

Members of Berkshire Museum File Suit Seeking Injunction Against Sale of Art Collection

Posted by Nicholas O'Donnell on October 26, 2017 at 11:52 AM

Forty Masterpieces of American and European Art Scheduled for Auction

Read More

Topics: Norman Rockwell, Sullivan & Worcester LLP, Sotheby's, Nicholas M. O'Donnell, Pittsfield, Zenas Crane, Trustees of the Berkshire Museum, Hudson River School, Frederic Edwin Church, Pieter de Hooch, Shuffleton’s Barbershop, Shaftsbury Blacksmith Shop

Rich Man/Poor Man?  The Berkshire Museum and Why Deaccessioning is so Frustrating

Posted by Nicholas O'Donnell on August 23, 2017 at 6:11 PM

Two wonderful museums recently announced plans to sell major works of art.  In one case, some 40 paintings, American masterpieces among them, will be sold at auction.  In another, more than 400 photographs will also be sold.  The former case has prompted a nationwide outcry, the latter…effectively nothing.  The differences and similarities between the two underscore the aspirational rules that govern what is known as “deaccessioning,” but also remind us that principles and the goals they are meant to reach are not always the same thing. 

Read More

Topics: Metropolitan Museum of Art, Delaware Museum of Art, American Alliance of Museums, Lee Rosenbaum, MoMA, Deaccessioning, AAM, Norman Rockwell, Association of Art Museum Directors, Alexander Calder, Museum of Fine Arts Boston, AAMD, Pennsylvania Academy of Fine Arts, Pittsfield, General Electric, Waconah Park, Berkshire Museum, Housatonic, Lake Onota, Frederic Church, Albert Bierstadt, Zenas Crane, Williamstown, Lenox, North Adams, Mass MoCA, Felix Salmon

About the Blog


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

Meet the Editor

Learn more about our Art & Museum Law practice

Subscribe to Blog

Recent Posts

Posts by Topic

see all