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Darlene B. Fairman: profile
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Darlene Fairman is Counsel with the law firm of Herrick, Feinstein LLP, where she has practiced since 1994.  Darlene's practice includes a wide range of civil litigation with recent emphasis on complex commercial and real estate litigation in New York's state and federal courts.  Representative matters include:

  • Successful litigation to preserve the lien of a mortgagee whose borrower was revealed to be the knowing recipient of a fraudulent transfer of the mortgaged property.

  • Representation of the owner of a former inactive hazardous waste site in connection with litigation over a seawall built at the site and the sale of the property.

  • Representation of a nationally recognized, private sector firm with more than 35 years of experience in developing and managing high-quality affordable housing, including more than 100 communities affordable to lower income families through federal assistance programs, and more than 70 communities affordable to working families through the low income housing tax credit program in a dispute with the New York City Housing Authority.

  • Litigation of a partnership dispute involving the sale of six low income housing developments.

  • Representation of the Real Estate Board of New York in its successful lawsuit against the New York City Council to overturn Local Law 79 on the grounds of preemption by federal and state housing laws.

  • Successful representation of a developer in litigation over its right to convert a building it purchased from office/retail use to mixed office/retail and residential use.


Since 1994, Darlene has also been an active member of Herrick's art law practice. Beginning with the successful representation of the Republic of Turkey in recovering the "Elmali Hoard" of rare and valuable ancient silver coins, Darlene has represented Turkey in matters seeking the return of looted cultural property. In addition, she has represented the heirs of the world-renowned Russian artist Kazimir Malevich in their litigation against the City of Amsterdam to reclaim artworks created by their ancestor. This litigation was successfully settled in April 2008 when the City of Amsterdam returned five Malevich paintings to the heirs. Darlene is actively involved in Holocaust looted art matters including the ongoing representation of Marei von Saher in her efforts to recover hundreds of Nazi-looted artworks from the collection of her father-in-law, the renowned Dutch art collector and dealer, Jacques Goudstikker. Additionally, she has represented art dealers and galleries in various matters and successfully represented a jewelry designer in a copyright dispute. Since its inception in 2009, Darlene has been the Editor-in-Chief of Art & Advocacy, Herrick's triannual art law news letter.