Art Law Report

RESCHEDULED Event: "Looted Art for Sale" at Brandeis University November 6, 2018

Posted by Nicholas O'Donnell on October 16, 2018 at 2:51 PM

I am honored to be one of the presenters at an upcoming symposium at Brandeis University entitled "Looted Art for Sale" that was postponed last winter. This interdisciplinary conference will provide an international perspective on the last twenty years of art recovery. Speakers include former Ambassador Stuart Eizenstat, a primary leader in the creation of U. S. restitution policies, Kim Oosterlink, Victoria Reed, and Inge Reist.

"Looted Art for Sale" will be sponsored by the Brandeis Center for German and European Studies, the Rosenberg Institute of Global Finance at Brandeis International Business School, the Mandel Center for the Humanities and the Department of Fine Arts.

My presentation will be entitled “Who Makes the Rules? The High-Stakes Legal Conflicts Over Looted Art.” I can scarcely claim to belong among such excellent company, so if for their perspectives if not for mine, I encourage anyone interested to attend.  Registration is available here.  

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Topics: Inge Reist, Stuart Eizenstat, Kim Oosterlink, Carol Clark, Nancy Scott, Nazi-looted art, Monuments Men, A Tragic Fate, US-Iran Relations

Deletion of Grünbaum Works from Lost Art Database Shows Again How German Government Has Lost Its Way on Nazi-Looted Art

Posted by Nicholas O'Donnell on August 27, 2018 at 1:03 PM

The New York Times reported yesterday that the German Lost Art Foundation had removed several paintings once owned by the Viennese cabaret actor Fritz Grünbaum from the Lost Art database.  While the history of these objects is hotly contested, it was a particularly strange choice given that Grünbaum’s heirs just won a judgment earlier this year that the works by Schiele must be returned to them—by reason of Nazi duress.  For a database that has never been suggested as an adjudication of rights but rather as a repository of notice to the world of possible title issues, it was a perplexing choice.  Against the backdrop of the party that the German government and the foundation are throwing themselves in November for which few outsiders have been able to register, the explanation appears much less benign particularly against the backdrop of the government’s historical revisionism in U.S. federal court litigation.

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Topics: German Lost Art Foundation, Fritz Grünbaum, New York Times, Nazi-looted art, NS Raubkunst, Egon Schiele, Seated Woman With Bent Left Leg (Torso), Kieslinger, Mathilde Lukacs, A Tragic Fate, Cornelius Gurlitt, laches, Woman in a Black Pinafore, Woman Hiding her Face, res judicata, Charles E. Ramos, Die Koordinierungsstelle für Kulturgutverluste, Magdeburg, Bavaria, Germany, Task Force, Guelph Treasure, Holocaust, National Gallery

Norton Simon Museum Wins Appeal Over Nazi-Looted Cranach Paintings

Posted by Nicholas O'Donnell on July 31, 2018 at 12:47 PM

The U.S. Court of Appeals for the Ninth Circuit has upheld the judgment against Marei von Saher on her claims against the Norton Simon Museum in Pasadena to recover Adam and Eve by Lucas Cranach the Elder.  The Cranachs belonged to Von Saher’s father-in-law Jacques Goudstikker, a renowned Dutch Jewish art dealer who fled the Netherlands.  Yesterday’s decision was the latest in a complicated case, holding that the claim could not proceed because it would conflict with a judgment made by the Dutch government—in a case about paintings that no one disputes were looted by the Nazis but which the Norton Simon refuses to return.  Notably, the Ninth Circuit upheld the dismissal entered two years ago by the District Court, but for different reasons.  Where the trial court had held in 2016 that Von Saher was not entitled to the paintings by applying substantive Dutch post-war law, the Ninth Circuit yesterday held that it could not entertain the question because it involved a so-called “Act of State,” a doctrine under which courts will decline to review certain kinds of cases that implicate sovereign acts.  It was not a complete surprise—the appeals court had hinted at the possibility of applying the doctrine back in 2014 when it remanded the case on one of its multiple trips to the appellate court—but was a curious application of it to a sale by the Dutch government, an act that is quintessentially commercial, not sovereign.  It remains to be seen what Von Saher will do next.  Von Saher is a complicated dispute that deserved its day in court, not the back of the hand out of “respect” for an “official” act that never actually happened, or an official act that this most recent decision actually contradicts. 

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Topics: Alois Miedl, Hermann Goering, CORVO, Marei Von Saher, Jacques Goudstikker, Ninth Circuit, Act of State, A Tragic Fate, George Stroganoff, Commisssie Rechtsverkeer in oorlogstijd, Royal Decree 100, Royal Decree 133, Royal Decree A6, Restitution, HEAR Act, Guelph Treasure, Nazi-looted art

What About Margarethe Mauthner? Van Gogh Once Owned by Elizabeth Taylor Heads to Auction Again with Scant Mention of its Persecuted Former Owner

Posted by Nicholas O'Donnell on March 26, 2018 at 9:19 AM

Since the passage in 2016 of the Holocaust Expropriated Art Recovery (HEAR) Act, many commenters (here included) have grappled with what the implications of the law will be on the scope and frequency of future claims.  Even as litigants are faced with policy arguments about whether individual claims belong in U.S. courts—arguments that the HEAR Act should have put to rest—it is occasionally worthwhile to consider how prior cases would have been affected.  Such analysis can draw into relief why the law was such a significant step forward.  This week, news that a painting by Vincent Van Gogh once owned by Elizabeth Taylor will go to auction again provides one such example.  A beautiful painting in the collection of the biggest movie star in the world makes for a great sales pitch, but missing in the coverage is any mention of Margarethe Mauthner, a German Jew who owned the painting before fleeing the Nazi regime.  The exact circumstances under which she lost possession of the painting are unclear, but those circumstances might have had the chance to be determined had the HEAR Act been passed earlier.  The importance of that opportunity is worth considering as the law is assessed going forward. 

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Topics: Margarethe Mauthner, Christie's, Sotheby's, A Tragic Fate, Nazi-looted art, Elizabeth Taylor, Van Gogh, Vue de l'asile et de la Chapelle de Saint-Rémy, HEAR Act, Holocaust Expropriated Art Recovery Act, Holocaust Victims Redress Act, Paul Cassirer, Alfred Wolf

"A Tragic Fate" Lecture at DePaul Center for Art, Museum & Cultural Heritage Law February 26, 2018

Posted by Nicholas O'Donnell on February 8, 2018 at 10:32 AM

I am very pleased to be in Chicago on February 26, 2018 at the Center for Art, Museum & Cultural Heritage Law to discuss my bookA Tragic Fate—Law and Ethics in the Battle Over Nazi-Looted Art.  DePaul's cultural heritage law program is at the pinnacle of art, museum, and cultural property study, and it is a great honor to be invited.  

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Topics: A Tragic Fate, DePaul University of Law, Wayland Public Library

"A Tragic Fate" named to Kirkus Reviews 100 Best of 2017

Posted by Nicholas O'Donnell on December 18, 2017 at 2:39 PM

I am pleased to report that A Tragic Fate—Law and Ethics in the Battle Over Nazi-Looted Art (Ankerwycke) has been named one of Kirkus Reviews’ 100 Best Indie books of 2017.

A Tragic Fate received a star review from Kirkus in June, one of only 10% of reviews to receive that designation.  Now, A Tragic Fate has been honored as a selected “Best of 2017” from among those small number of starred review.

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Topics: A Tragic Fate, Law and Ethics in the Battle Over Nazi-Looted Art, Kirkus Reviews, Nicholas M. O'Donnell

Something’s Rotten in Düsseldorf—Max Stern Exhibition Cancelled in Response to Restitution Claim

Posted by Nicholas O'Donnell on November 28, 2017 at 10:33 AM

As Germany puts on the much-anticipated exhibition in Bonn of Cornelius Gurlitt’s disputed collection, a strange story has developed not too far away in Düsseldorf.  The Stadtmuseum, which is administered by the city itself, had organized—but now cancelled—“Max Stern: from Düsseldorf to Montreal.”   The exhibition was scheduled to open in February in Düsseldorf, before traveling to the Haifa art museum in September of 2018 and to the McCord Museum in Montreal in 2019.  The city’s acknowledgement that the decision was based on a claim for restitution from the Max Stern Estate is a disturbing development that provides no sound reason to cancel a show about an important dealer who, it is undisputed, was a seminal figure of Nazi persecution. 

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Topics: Düsseldorf, Max Stern, Cornelius Gurlitt, Max Stern from Düsseldorf to Montreal, McCord Museum, Haifa, A Tragic Fate, Reichskammer der bildenden Künste, Nuremberg laws, Germany, Cologne, Köln, Dr. and Mrs. Max Stern Foundation, Max Stern Restitution Project, Francis Xavier Winterhalter, Girl from the Sabine Mountains, Mädchen aus den Sabiner Bergen, The Artist’s Children, Wilhelm von Schadow, The Art Newspaper, Düsseldorf Kunstpalast, Andreas Achenbach, Sicilian Landscape, Norwegian Landscape, Galerie Max Stern, The New York Times, Nazi-looted art, Mayor Thomas Geisel

“Nazi-Looted Art: From Fair and Just Solutions to Litigation” in London September 13, 2017

Posted by Nicholas O'Donnell on August 8, 2017 at 11:40 AM

I am pleased to announce that I will be speaking about my book A Tragic Fate: Law and Ethics in the Battle Over Nazi-Looted Art (now available in both hardcover and Kindle edition) and related topics on September 13, 2017 at the Centre for Commercial Law Studies, Queen Mary University of London and the Institute of Art and Law.  Entitled “Nazi-Looted Art: From Fair and Just Solutions to Litigation,” I will give an overview of the topic of the intersection between legal and ethical challenges that have surrounded efforts to restitute art looted by the Nazis and their allies.  A panel discussion will follow with experts Tony Baumgartner of Clyde & Co. (and a member of the UK Spoliation Advisory Panel), Charlotte Woodhead (Assistant Professor at the University of Warwick and an instructor at the Institute of Art and Law) and Gregor Kleinknecht of Hunter Solicitors.  There will be a reception and an opportunity to buy and have copies of the book signed. 

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Topics: Nazi-looted art, A Tragic Fate, Events, Law and Ethics in the Battle Over Nazi-Looted Art, Tony Baumgartner, Clyde & Co., Institute of Art and Law, Centre for Commercial Law Studies, Queen Mary University of London, From Fair and Just Solutions to Litigation, Charlotte Woodhead, Gregor Kleinknecht, Hunter Solicitors

Praise from Kirkus Reviews for "A Tragic Fate"

Posted by Nicholas O'Donnell on June 21, 2017 at 12:18 PM

The following is from the Kirkus Reviews starred review of A Tragic Fate--Law and Ethics in the Battle Over Nazi-Looted Art (emphasis added)

A comprehensive review of United States court cases involving art that was plundered by Nazis.

Adolf Hitler’s Nazi regime was always keenly attuned to the power of cultural symbolism and eager to find new ways to disenfranchise Jewish people. These two preoccupations converged in their looting of privately owned art between 1933 and 1945. Some treasures were brazenly confiscated, while others were purchased at steep, coerced discounts. In the last few decades, there’s been growing interest in this large-scale larceny, and yet much of the stolen art will likely never be returned to its original owners. Debut author O’Donnell, an attorney, calls this the “central paradox posed by disputes in the last twenty years.” In this book, he diligently catalogs the many moral and judicial reasons for this absurdity, as well as the evolution of laws regarding claims. His study specifically focuses on cases that resulted in litigation in America, providing an exhaustive account of each and arguing that such litigation can be an effective legal strategy, despite complaints to the contrary. O’Donnell also includes discussions of landmark moments in art-restitution law, such as the London Declaration in 1943, the Washington Conference on Holocaust-Era Assets in 1998, and the Holocaust Expropriated Art Recovery Act of 2016, which was introduced in the U.S. Senate. The United States emerges in O’Donnell’s account as an early, forceful leader in international art restitution, despite the fact that some of its own laws, and even the Fifth Amendment, can complicate victims’ options. His mastery of the relevant law is nothing short of stunning, and his meticulous parsing of legal detail leaves no stones unturned.

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Topics: Nazi-looted art, A Tragic Fate, Nicholas M. O'Donnell, Books, Kirkus Reviews, Law and Ethics in the Battle Over Nazi-Looted Art

New Book by Nicholas M. O'Donnell: "A Tragic Fate--Law and Ethics in the Battle Over Nazi Looted Art"

Posted by Nicholas O'Donnell on June 19, 2017 at 11:46 AM

New book explores the historical, ethical, and legal consequences of stolen art

I am pleased to announce that my book A Tragic Fate—Law and Ethics in the Battle Over Nazi-Looted Art (Ankerwycke/ABA Publishing ) is available for purchase and delivery.  I am proud to have composed the first comprehensive overview of looted art disputes in the United States, grounded in the historical and ethical perspectives that have shaped the debate over time.  This has been a fascinating project that am very excited to share.  As I hope readers of the blog will agree, my effort is always to provide a resource that those of general interest will find engaging but not hypertechincal, and which practioners will find useful as a resource. 

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Topics: Nazi-looted art, Nicholas M. O'Donnell, Books, ABA Publishing, Ankerwycke, Sullivan & Worcester LLP, Georgina Adam, Catherine Hickley, A Tragic Fate, Law and Ethics in the Battle Over Nazi-Looted Art, Art Law Report

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