The Art Law Podcast

Latest Episodes:

The Art Seizures of the Spanish Civil War Jan 17, 2023

Show notes

Katie and Steve talk to Spanish art lawyer and scholar, Patricia Fernández, about the history of thousands of artwork seizures during the Spanish Civil War and the Spanish government's actions with respect to these artworks since then through today.

Notes for this episode: http://artlawpodcast.com/2023/01/17/the-art-seizures-of-the-spanish-civil-war/

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The 60+ Year Journey of a Stolen Pissarro Painting and Who Gets to Keep It Dec 13, 2022

Show notes

Steve and Katie speak with appellate litigator David Barrett about the story animating a recent Supreme Court case between the heirs of Lilly Cassirer, who fled Germany in 1939 after surrendering the painting Rue Saint-Honoré Après-midi, Effet de Pluie (Rue Saint-Honoré in the Afternoon, Effect of Rain) by Camille Pissarro to the Nazis, and the Spanish Museum known as the Thyssen-Bornemisza Collection. They discuss the journey of the painting in and out of the United States over a 60-plus-year period before it found its way into the collection of a Spanish museum, the Cassirer family's efforts to find and reclaim the painting, and the decades-long litigation in California that led to the recent Supreme Court decision overturning a decision of the 9th Circuit applying the Spanish law of adverse possession in favor of the Spanish Museum.

Notes for this episode: http://artlawpodcast.com/2022/12/13/the-60-year-journey-of-a-stolen-pissarro-painting-and-who-gets-to-keep-it/

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Some Art Museum-Related Updates Oct 25, 2022

Show notes

Katie and Steve discuss some recent art museum-related legal(ish) developments, including New York's new legislation requiring labeling of Nazi-looted art, the AAMD's long-awaited changes to its deaccessioning policy, and an unusual gift/sale of part of MoMA's collection.

Notes for this episode: http://artlawpodcast.com/2022/10/25/some-art-museum-related-updates/

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Director of the Louvre Arrested and a Dive into French Criminal Law Sep 06, 2022

Show notes

To open Season 6, Katie and Steve discuss the shocking arrest of Jean-Luc Martinez, director of the Louvre in Paris from 2013 to 2021, related to his involvement in the alleged trafficking of antiquities for the Louvre Abu Dhabi with French criminal lawyer Sarah Arpagaus. They discuss cultural property crimes more broadly and take a detour into the world of French criminal law and its striking difference with the system here in the US.

Notes for this episode: http://artlawpodcast.com/2022/09/06/director-of-the-louvre-arrested-and-a-dive-into-french-criminal-law/

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Russian Sanctions and the Art Market Jul 15, 2022

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Steve and Katie speak to anti-money laundering and sanctions expert Paula Trommel of Corinth Consulting about Russian sanctions and their impact on the art market in the short and long term.

Notes for this episode: http://artlawpodcast.com/2022/07/15/russian-sanctions-and-the-art-market/

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Fractional Ownership of Art: Can Regular People Own a Piece of the High End Art Market? Jun 09, 2022

Show notes

Katie and Steve speak with Evan Beard, currently Executive Vice President at Masterworks, about fractional ownership of art and new art securitization trends and initiatives, who the issuers and investors in this space are, and what they can achieve through these alternative investment structures.

Notes for this episode: http://artlawpodcast.com/2022/06/09/fractional-ownership-of-art-can-regular-people-own-a-piece-of-the-high-end-art-market/

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Surprise! NYC Repeals Auction Regulations May 10, 2022

Show notes

Steve and Katie give a brief update on New York City's recent repeal of its regulations governing auctioneers and auction practices. These regulations provided consumer protections by enforcing a measure of transparency into the auction process, such as requiring auctioneers to publicly disclose when they had a financial stake in an object being sold. Interestingly, major stakeholders appeared surprised by the repeal, which they had not requested and seemed indifferent about.

Notes for this episode: http://artlawpodcast.com/2022/05/10/surprise-nyc-repeals-auction-regulations/

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Anti-Money Laundering Update: FinCEN's Surprising Conclusion and the Impact of Russian Sanctions on the US Art Market Mar 28, 2022

Show notes

Susan Mumford and Chris King, co-founders of ArtAML, return to the Podcast and talk with Steve about the recent release by the Financial Crimes Enforcement Network ("FinCEN") of its "Study of the Facilitation of Money Laundering and the Financing of Terrorism through the Trade in Works of Art." To the surprise of Steve and his guests, FinCEN concluded that there is limited evidence of money laundering and little risk of terror financing through the sale of high value art. The discussion focuses on the findings of the study, and its implications, particularly when compared with the existing AML regulations covering the art market in the UK and the EU. (Susan and Chris discussed these requirements with Katie and Steve on the November 1, 2021 episode entitled: "How Anti-Money Laundering Regulations are Hitting the Art Market in the United Kingdom and What Participants Can Do to Comply.") Recorded just days after Russian troops invaded Ukraine, the conversation turned to the impact that sanctions against Russia and its oligarchs are likely to have on the high-value art market, and what art market participants must do to not run afoul of these sanctions.

Notes for this episode: http://artlawpodcast.com/2022/03/28/anti-money-laundering-update-fincens-surprising-conclusion-and-the-impact-of-russian-sanctions-on-the-us-art-market/

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Turkey's Quest for the Stargazer: Part 2 Mar 03, 2022

Show notes

With Katie on a parental leave, Steve speaks with Herrick Feinstein's Victor Rocco about his firm's representation of the Republic of Turkey in litigation brought by Turkey to possess a millennia-old Anatolian marble statue (the Stargazer) owned by Michael Steinhardt and sold by him through Christie's. (We previously had counsel for Christie's and Steinhardt on the podcast.) After a trial in the Southern District of New York, Turkey lost for the primary reason that they could not provide facts supporting their claim to ownership of the Stargazer, specifically that it was stolen from modern day Turkey after 1906. Turkey has appealed that decision, and Victor and Steve discuss the trial and Turkey's arguments on appeal.

Notes for this episode: http://artlawpodcast.com/2022/03/03/turkeys-quest-for-the-stargazer-part-2/

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Skepticism and Optimism Around Art NFTs - Revisited Jan 10, 2022

Show notes

In a re-release of last June's episode, Katie and Steve speak (again) with digital art and NFT enthusiast Jason Bailey about the sudden rise of NFTs in the art world, what they really are, why they have value, and who is interested in them and why.

Notes for this episode: http://artlawpodcast.com/2022/01/10/skepticism-and-optimism-around-art-nfts-revisited/

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