Resolved Stolen Art Claims
Herrick's Art Law Department
This chart was compiled by Herrick, Feinstein LLP from information derived from published news articles and services available mainly in the United States or on the Internet, as well as law journal articles, press releases, and other sources, consulted as of August 2015.
Trust Decanting: A Sale Without Gain Realization
May 8, 2015
ABA Real Property, Probate and Trust Journal
Jason Kleinman published an article in the American Bar Association’s Real Property, Trust and Estate Law Journal on trust decanting. Jason’s article describes why decanting or modifying a trust should not be a taxable event. While a common transaction in a trusts and estate practice, there remains a persistent lack of clarity on the transaction’s income tax consequences which this article attempts to resolve.
Protection of Art Experts from a Swiss Perspective - Nina M. Neuhaus
May 28th, 2014
Darlene B. Fairman
Art Antiquity and Law - Volume XIX, Issue 1 - April 2014
Darlene Fairman’s article "The True Cost of Authentication Litigation," which was published in the January 2014, Issue 6 of ArtBanc Intelligence, was cited by Nina M. Neuhaus in her article “Protection of Art Experts from a Swiss Perspective” published in the April 2014 issue of Art Antiquity and Law, Volume XIX, Issue 1. Neuhaus writes: “…With estimates that up to a third of artworks circulating on the market are forgeries, authentication has become more important than ever.”
What kind of art can I use for an art loan?
May 28, 2014
Stephen D. Brodie
Tang Art Advisory
Stephen Brodie was quoted in Tang Art Advisory’s newsletter on the subject: “What kind of art can I use for an art loan? Steve says: “An art loan can be a terrific, hidden source of liquidity for a collector.”
The True Cost of Authentication Litigation
February 4, 2014
Darlene Fairman's article, "The True Cost of Authentication Litigation," was published in the January 2014 issue of ArtBanc Intelligence. Artbanc Intelligence features issues critical to art dealers and advisors, collectors, estate lawyers, family offices and other professional advisors to high net worth individuals who are passionate about collecting. Darlene's article was previously published in the Spring/Summer 2013, Volume 15 issue of Herrick's Art & Advocacy Newsletter.
Introduction and Overview of Nazi Looted Cases
Howard N. Spiegler
Canadian Criminal Law Review, Vol. 17, No. 1
Howard Spiegler has authored an article for the Canadian Criminal Law Review that provides an overview of trends in recovering art looted by the Nazis, including the burgeoning involvement of the U.S. government.
Restituting Looted Cuban Art
July 30, 2009
Papers and Proceedings of the Nineteenth Annual Meeting of the Association for the Study of the Cuban Economy (ASCE)
Mari-Claudia Jiménez authored the article "Restituting Looted Cuban Art", which was published in the complete proceedings of the Association for the Study of the Cuban Economy (ASCE) conference.
A Quick Glance at the Schiele Paintings
Lawrence M. Kaye
Theft of Art During World War II: Its Legal and Ethical Consequences, a Symposium Presented by the DePaul University Journal of Art and Entertainment Law, 10 DePaul-LCA J. Art & Ent. L. 11
Larry Kaye authors an article on the dispute surrounding the restitution of two Egon Schiele paintings looted by the Nazis in World War II.
Art Wars: The Repatriation Battle
Lawrence M. Kaye
New York University Journal of International Law and Politics, 31 N.Y.U. J. Int'l L. & Pol. 79, Fall 1998
Larry Kaye authors an article on how governments can enact and enforce legislation to curb the illicit trade in art and cultural property without undue adverse impacts to the legal trade.