cultural institutions: news
Supreme Court rules in favor of Herrick client Marei von Saher, denying Petition for Certiorari in Nazi-Looted Art Case Von Saher vs. Norton Simon Museum of Art at Pasadena, et al.
January 20, 2015
On January 20, 2015 the Supreme Court denied the Norton Simon Museum of Art's petition for certiorari in Von Saher vs. Norton Simon Museum of Art at Pasadena, et al., a long-running dispute between the museum and Herrick client Marei von Saher, over ownership of the Nazi-looted artworks 'Adam' and 'Eve' by Lucas Cranach the Elder. The petition sought review of a 9th Circuit Court of Appeals decision that reinstated Ms. Von Saher's case. Herrick Art Law Group co-chair Lawrence M. Kaye's comments on the decision were featured in a number of publications, including The Art Newspaper, Associated Press and the Pasadena Star-News. In the latter article, Mr. Kaye stated "our client is extremely happy that the court did not see fit to hear this appeal," while noting that Ms. von Saher "looks forward to presenting her case and finally getting a fair and just resolution."
California Federal Court of Appeals Revives Nazi-Looted Art Claim Against Norton Simon Museum
June 6, 2014
Today, on the anniversary of D-Day, the Ninth Circuit reversed the dismissal of Marei von Saher’s suit against the Norton Simon Museum to recover two iconic life-size paintings, Adam and Eve, by Lucas Cranach the Elder.
The Cranachs, which are well-known throughout the world, were among the most important artworks in her father-in-law Jacques Goudstikker’s collection, which contained more than 1,300 works, mostly Dutch and Flemish Old Master paintings. His collection was looted by Reichsmarschall Hermann Göring following the Nazi invasion of the Netherlands in 1940.
In its decision, the Court ruled that Ms. von Saher’s claim can proceed because a judicial ruling on its merits would not be an intrusion on the power to conduct foreign affairs that the U.S. Constitution reserves to the Federal Government
After 1,500 Years, an Index to the Talmud’s Labyrinths, With Roots in the Bronx
December 27, 2011 -- The New York Times
Daniel Retter's compilation of an index to the 63-volume, 1,500-year-old Torah is covered in this article. It took Daniel seven years to create the index, which he says he did, in part, because the lack of an index frustrated him, especially because as an attorney, he is used to indexes attached to books of statutes and case law.
Weary Herakles statue returns home with Erdogan
September 25, 2011 -- Today's Zaman
Lawrence Kaye and Herrick are mentioned for having successfully engineered the return to Turkey of a $1.5 million statue known as Weary Herakles. The statue, which was smuggled from Turkey in the Eighties, had been in the possession of a Boston museum.
Art in the Crossfire: A Jewish Sect’s Claims Have Led to a U.S.-Russia Embargo
August 16, 2011 -- The New York Observer
Howard Spiegler and Charles Goldstein, in his role as counsel to the Commission for Art Recovery, are quoted in this article, which examines how Chabad, a Brooklyn-based Jewish sect, is claiming to be the rightful owner of art, book and manuscripts that Russian possesses. The article notes that the dispute has led to a diplomatic strain between the U.S. and Russia, particularly as it relates to loans of artwork. The article refers to Herrick as an "art law powerhouse."
Heir Awarded $1.43 Million by Hague for Goering-Looted Part of Old Master
August 15, 2011 -- Bloomberg News
Our representation of the heir of a Jewish art dealer whose gallery was looted by the Nazis, and the heir's $1.43 million settlement with The Hague city government, are noted. Our client, Marei von Saher, daughter-in-law to and heir of Jacques Goudstikker, entered into the settlement concerning the Jan Steen painting, “The Wedding Night of Tobias and Sarah," which hangs in the Bredius Museum in The Hague. The painting had been split into segments, with The Hague owning one segment, before being reunited by restorers in 1996, and the settlement allows the painting to remain as one work.
Thousands of N.J. groups stripped of tax-exempt status
June 12, 2011 -- Newark Star-Ledger
Gary Young analyzes why nearly 8,000 tax-exempt New Jersey entitites lost that status and how they can reclaim it, in this story, which notes that Gary has formed numerous not-for-profits and represents a major one -- the New Jersey Restaurant Association. The story also points out that many of the groups that lost their tax-exempt status were no longer operating anyway.
Donate a Collection and Get a Tax Break
April 2011 -- Kiplinger's Retirement Report
Michael Kessel describes the tax scenarios of donating art or antiquities to various recipients. A donation of artwork that is unrelated to the recipient's exempt purpose, for instance, would result in a deduction only of the donor's basis, he says.
June 2010 -- Connections (Newark Regional Business Partnership's newsletter)
Ed Stevenson describes how law firms must tailor their services for not-for-profits, keeping in mind cost-containment and the fact that foundations and charities tend to mesh cause-driven passion with business sense. Because philanthopic giving tends to lag behind overall economic rebounds, he predicts that for-profit businesses will probably see an upturn more quickly than their not-for-profit counterparts.
Nazi Art Litigation Alert: Seized Schiele Painting Case Cleared for Trial
October 8, 2009 -- The AmLaw Litigation Daily
This item notes that Howard Spiegler and Herrick are representing the heirs of art dealer Lea Bondi, who are seeking the return of the painting "Portrait of Wally." Bondi's heirs and Austria's Leopold Museum have been fighting for custody and ownership of the painting, which has sat in a warehouse since 1997, when it was seized by the Manhattan DA's office because it was believed to be stolen from its rightful owners by the Nazis.
Judge Rules Against Applebee’s Lease in Harlem Building
July 17, 2009 -- New York Times blog City Room
This story notes that we prevailed in a piece of real estate litigation on behalf of our client, National Black Theater, which sued to prevent the opening of an Applebee's franchise on a Harlem property that NBT co-owned with a partner. The partner leased the space to the franchise, and NBT sued to block it, claiming that the presence of an Applebee's would be inconsistent with NBT's cultural integrity and mission. Raymond Hannigan, lead attorney in the case, noted that the primary plaintiff died during the proceedings but would have been pleased that the court vindicated her position.
Name That Dog Park: Suffolk Courts Deals for Cash
March 22, 2009 -- New York Times
In a story about one county's plan to sell naming rights to its parks and beaches, Matthew Pace says government's need for money, people's need for free recreation, and advertisers' needs to reach consumers in non-traditional ways make the plan logical. He cautions, however, that advertisers' images and the facilities' images must mesh well and that government should reserve the right to strike deals if scandal hits the advertiser.
Hudson River Park Board Weighs Proposals for 15th Street Pier Development
November 19, 2008 -- The New York Times
This story notes that our client, Youngwoo & Associates, is proposing a $191 million pier project at the western terminus of 15th Street in Chelsea. The proposal includes a new home for a major auction house, a contemporary cultural center consisting of art galleries and concert space, public access to the waterfront, and a large public market similar to Seattle's Pike Place.
Q&A with Lawrence M. Kaye
2008 -- Art & Cultural Heritage Law Newsletter
This newsletter features a Q&A with Lawrence Kaye on his career and accomplishments as an art law attorney.
June 2008 -- ARTnews
Lawrence Kaye is quoted in this article about his work for the heirs of Kazimir Malevich in their successful settlement to reclaim their family's paintings.
Prix Monique Raynaud-Contamine
2007 -- Union Internationale des Avocats
Howard Spiegler is awarded the Prix Monique Raynaud-Contamine by the Union Internationale des Avocats (International Association of Lawyers) for his essay "Restitution of Nazi-Looted Art: View from the United States."
Recovered Artworks Heading to Auction
February 22, 2007 -- The New York Times
Larry Kaye is quoted regarding the sale of more than 100 Old Master pictures from the famed Goudstikker collection by Herrick's client, Marei von Saher, Goudstikker's sole heir. Kaye notes that although the works were recovered after having been looted, they represented only a fraction of the valuable artwork that was pilfered.
An art trove, looted by the Nazis and recovered, is going on sale
February 22, 2007 -- International Herald Tribune
Larry Kaye is quoted on the recovery from the Dutch government and sale of 100 Old Master pictures from the collection of the famed Dutch art dealer Jacques Goudstikker, whose collection was looted by the Nazis. Herrick represented Goudstikker's lone heir, Marie von Saher, in the recovery of the art and its sale.
Restitution: Unfulfilled Promises
December 2006 -- Art News
Larry Kaye is quoted on how uncooperative American museums are regarding restitution claims when compared to their Western European counterparts.
Breakthroughs on Major Holocaust Claim
March 14, 2005 -- Herrick, Feinstein LLP
Descendants of the noted Jewish art dealer, Jacques Goudstikker (1897-1940), announced today major developments in their ongoing efforts to recover his legacy. Goustikker’s collection, which contained more than 1300 works of art, mostly Dutch and Flemish Old Master paintings, was looted by the Nazis following their invasion of The Netherlands in 1940.
Settlement Reached on Monet’s Garden at Argenteuil
August 22, 2001 -- Herrick, Feinstein LLP
The Metropolitan Museum of Art and Mr. Henry H. Newman announced today that they have reached a settlement in a recent dispute over a painting in the Museum’s collection, The Garden of Monet’s House in Argenteuil (1874), by Claude Monet.
Heir to Vast Art Collection Recovers Old World Painting Looted by Nazis
May 24, 2001 -- Herrick, Feinstein LLP
First Painting From Famed Goudstikker Collection Returned to Family -- Marei Von Saher, the sole living heir of Jacques Goudstikker, the foremost collector and dealer of Old Masters in pre-World War II Holland, announced today that the Estate of Hertha Katz has returned to her a painting entitled “The Temptation of St. Anthony” by the Dutch pre-Renaissance painter J.W. de Cock.
The Museum of Modern Art and Heir of Kazimir Malevich Reach Agreement
June 18, 1999 -- Herrick, Feinstein LLP
The Museum of Modern Art and the heirs of Kazimir Malevich, the Russian artisit, announced today that they have reached an agreement regarding the Malevich works that have been at MoMa since 1935. The artist’s descendants will receive an undisclosed cash payment and one painting, Supremacist Composition (1923-25), while fifteen works by the pioneering abstract artist - six paintings and nine works on paper - will remain at the museum.
Guatemala Announces Recovery of Thousand Year Old Stone Figure
1999 -- Herrick, Feinstein LLP
The Republic of Guatemala announced today than an intricately carved section of a Mayan limestone monument more than a thousand years old, which had been pillaged from an archaeological site in the northwestern Guatemala more than 25 years ago, has been recovered and will be returned to Guatemala shortly.