Art, Museum and Cultural Property

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Art, Museum and Cultural Property

With the run-up in art values and increasing litigiousness in the society as a whole, the art world, which has long been a bastion of friendly deals and trust-me attitudes, has increasingly become subject to legal scrutiny. Andrews Kurth has risen to this challenge, providing clients with art, museum and cultural property advice and counsel in a wide range of art disputes and commercial transactions.

Over the past 25 years, in particular, winds of change have been blowing through the art market, transforming collecting and museum practices and the way courts view legal disputes over art transactions and stolen art and cultural property—a change in which Andrews Kurth art lawyers have played a major role. Decades of secrecy by sellers and lax due diligence by buyers—including museums and collectors—is giving way to better market practices, greater transparency and an increasing sense of responsibility by buyers, sellers, dealers, auction houses, collectors and museums. Andrews Kurth's art, museum and cultural property practice has been at the center of these changes, and our art lawyers are able to assist clients as they navigate through this ever-developing industry.

Today’s trends include closer scrutiny of the provenance (or history of ownership of artworks) for purposes of verifying authenticity and good title and avoiding disputes. Closer attention to historical details affects market transactions, as well as existing museum and private collections. These trends have put increasing pressure on art insurers to clarify the scope of coverage and to assist their insureds with unexpected problems, such as the high volume of dealer bankruptcies.

As a society, we have seen the return of stolen artworks to rightful owners in cases where the loss resulted from:

Such stolen or illegally imported objects, along with objects of questionable authenticity, have for decades found their way into the U.S. art market and then into museum and private collections where legacy issues must now be addressed. Illegal movement continues, although with reduced frequency due to greater vigilance in the market and higher levels of prudence by art buyers.

Andrews Kurth's capabilities in handling transactions, market-related and restitution disputes and other aspects of art and antiquities law in advice and counseling matters throughout the U.S. are extensive. Led by Thomas R. Kline in our Washington, DC office, who has been working in this field for 25 years, and coordinated by Joseph A. Patella in New York, we have represented the interests of numerous clients from Europe, North America and elsewhere, including:

Complex Issues

Our Art Law Team has experience in handling all types of art issues and disputes, including those involving stolen art, authentication, attribution, antiquities and cultural property, questions of ownership, market-related issues and museum concerns.

Many art disputes, including those concerning authenticity, ownership and theft, can be difficult to resolve through litigation because of problems of proof. We are experienced in addressing and resolving the challenges faced by art claimants and respondents who may have—due to the passage of time or otherwise—limited factual support for their position. For example, our lawyers have handled art restitution litigation in which both sides have conflicting documentation that is not conclusive, as well as cases where the documentation of an art transaction does not adequately convey the circumstances under which a transaction took place—such as when targets of the Holocaust were forced to sell family artwork at any price to survive.

We understand the difficulties presented by litigation, particularly when the facts and art law issues are complex, and the art is not necessarily of great value. We can advise how best to press or defend claims and whether to settle them. Our experience at trial, in negotiations and in structuring creative settlements reflects our skill at:

Authoritative Practice

In addition to his over two-decade art law practice, Mr. Kline co-teaches a seminar on art and cultural property law at The George Washington University, Museum Studies Program and has written and spoken frequently on the subject of art restitution, museum practices, and cultural property law and litigation (including making a statement in 2000 at a hearing held by the Presidential Advisory Commission on Holocaust Assets in the United States). Mr. Kline serves on the board of the Lawyers’ Committee for Cultural Heritage Preservation. In honor of his art recovery work on behalf of various German cultural organizations, in 2001 Mr. Kline was awarded the Officer's Cross of the Order of Merit of the Federal Republic of Germany (Das Verdienstkreuz des Verdienstordens). In 2012, Mr. Kline received the medal of Cyprus Technical University for his work protecting the cultural heritage of Cyprus.

Mr. Kline has also handled numerous matters concerning insurance for artworks and serves on the Arts and Records Committee of the IMUA (Inland Marine Underwriters Association) whose purpose is to inform underwriters about practical issues concerning arts and records insurance.

High-Profile Art Restitution Practice

Our art and cultural property lawyers have resolved some of the highest profile disputes of the past two decades. Acting on behalf of major cultural and religious organizations, auction houses, families and others and often working with well-known international investigators to ensure that evidence is found and considered concerning all legal requirements of ownership claims, Andrews Kurth lawyers have played a major role in the recovery of:

Counseling and Advice

In addition to representing claimants in art recovery cases, we advise and assist American museums, a major auction house and collectors in the proper handling of cases in the art recovery arena. We recently helped major American art museums and several collectors respond to Holocaust-related claims and crafted settlements in which the museums retained the right to display objects as part of an overall resolution of the original owner's claims. We also work with borrowers and lenders who wish to use artwork as security for loans.

We frequently advise museums, cultural officials and individual collectors on the importance of documenting their transactions and collections and on gathering and preserving existing documentation for any object where questions of origin, authenticity or other issues may arise. Because museums have complex issues of fiduciary responsibility and duties to the public, far beyond those of most collectors, our efforts to assist them can also involve Andrews Kurth's extensive experience in corporate and nonprofit organization governance.

Litigation Successes

Whether representing governmental institutions in recovering stolen art or defending auction houses in claims of faulty authentication or attribution, our Art Law Team has consistently delivered successful results. Our lawyers are highly experienced litigators who can provide an early assessment of the merits, examine avenues for resolution through agreement and, if necessary, build the best possible case for presentation at trial. We have represented clients in state and federal courts and in arbitration proceedings throughout the country and have argued appeals before a number of U.S. Circuit Courts. Some of our art law successes include:

Unsurpassed Strength

Few areas involve more factual, legal or emotional challenges than art, museum, cultural property and antiquities law and litigation, and we believe we have acknowledged strength in dealing with them. The passage of time, the scarcity of definite documentation, and the emotional issues of family history are all considerations that our lawyers constantly balance on behalf of our clients.

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