Art Law Report

Members of the Berkshire Museum Pledge to Continue Fight Against Liquidation of the Museum’s Art Collection

Posted by Nicholas O'Donnell on February 13, 2018 at 2:45 PM

(Boston, MA, February 13, 2018) Sullivan & Worcester LLP clients and Berkshire Museum members James Hatt, Kristin Hatt, and Elizabeth Weinberg sharply denounced today the agreement that was announced Friday evening between the Berkshire Museum and Attorney General Maura Healey’s office to permit the sale of every one of 40 works of art that the members—and AG Healey—sued last year to prevent.  Only two weeks after filing a 50-page brief in the Massachusetts Appeals Court that detailed numerous violations of the Trustees’ fiduciary duties and specific restrictions on the 40 works of art, the Attorney General’s office has filed its assent to the Museum’s request to modify its governing charter to permit the immediate sale of Norman Rockwell’s Shuffleton’s Barbershop to an unnamed buyer, and to allow the sale of the 39 remaining works thereafter without any further oversight of the governance of the Museum.

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Topics: Deaccessioning, Sullivan & Worcester LLP, Nicholas M. O'Donnell, Berkshire Museum, Maura Healey

Members of the Berkshire Museum File Appeal Papers to Stop Museum's Planned Sale of 40 Works from its Collection

Posted by Nicholas O'Donnell on January 16, 2018 at 6:56 PM

 (Boston, MA, January 16, 2018) Sullivan & Worcester LLP has filed its papers in the appeal by its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture.  The appeal was brought as a result of the Berkshire County Superior Court’s November 7, 2017 denial of their request for an injunction, and dismissal of the case.  That order denied not only the members’ request, but also a motion by another group that includes Norman Rockwell’s sons and the motion by Attorney General Maura Healey to pause the sale originally scheduled for November 13, 2017 at Sotheby’s in New York—a sale that would have included Rockwell’s Shuffleton’s Barbershop and other masterpieces. 

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Topics: Norman Rockwell, Sullivan & Worcester LLP, Sotheby's, Nicholas M. O'Donnell, Pittsfield, Berkshire Museum, Zenas Crane, Hudson River School, Frederic Edwin Church, Shuffleton’s Barbershop, Maura Healey, Massachusetts Appeals Court

Injunction Against Berkshire Museum Sale Is Extended

Posted by Nicholas O'Donnell on December 13, 2017 at 11:08 AM

The Single Justice of the Massachusetts Appeals Court (Joseph A. Trainor) has extended the injunction against the Berkshire Museum's proposed sale of 40 works of art in its collection until at least January 29, 2018.  In its order today in response to the Attorney General's status report, the justice stated:

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Topics: Berkshire Museum, Attorney General, Maura Healey, Single justice, Massachusetts Appeals Court, Joseph A. Trainor

Members of the Berkshire Museum Appeal Ruling on Planned Sale of Critical Pieces of its Collection

Posted by Nicholas O'Donnell on November 20, 2017 at 10:22 AM

Sullivan & Worcester LLP has filed an appeal on behalf of its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture.  The appeal is brought as a result of the Berkshire County Superior Court’s November 7, 2017 denial of their request for an injunction, and dismissal of the case (before the Appeals Court utlimately enjoined the sale until at least December).  That Superior Court order denied not only the members’ request, but also a motion by another group that include Norman Rockwell’s sons and the motion by Attorney General Maura Healey to pause the sale originally scheduled for November 13, 2017 at Sotheby’s in New York—a sale that would have included Rockwell’s Shuffleton’s Barbershop and other masterpieces. 

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Topics: Norman Rockwell, Sullivan & Worcester LLP, Sotheby's, Nicholas M. O'Donnell, Berkshire Museum, Zenas Crane, Shuffleton’s Barbershop, Attorney General, Maura Healey, Berkshire County Superior Court

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.

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

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