Pryor Cashman attorneys have represented artists, museums, foundations, galleries, and purchasers, sellers and consignors of art in a variety of legal matters, including litigation, governance issues involving museums and foundations, estate and tax planning, insurance, licensing and other transactional work.
Counseling and Transactional Work
We have rendered services to our clients in a wide variety of matters and transactions, including:
- Negotiating and drafting (on behalf of sellers, purchasers and consignors) licensing and other agreements by which art is transferred (including by sale, consignment and charitable donation)
- Representing artists in estate and tax planning matters
- Negotiating insurance coverage and handling loss claims relating to transported art
- Counseling on corporate formation and governance matters for galleries, museums and private foundations
- Negotiating appraisal agreements with major auction houses
- Negotiating private letter rulings with the Internal Revenue Service
- Representing real estate developers in connection with the integration of unique artwork into new real estate developments and projects
- Negotiating and drafting gallery and museum partnerships, leases and other real estate agreements, including representing a prominent New York museum in construction and other real property matters concerning its museum expansion in midtown Manhattan
At a time of heightened concern as to best practices and the avoidance of conflicts of interest, our attorneys also advise museums and other art institutions and foundations on a full range of corporate governance matters.
Our past and current clients include The American Academy of Dramatic Arts, The Medici Archive Project and The Castelli Gallery. In addition, Pryor Cashman attorneys serve on a variety of nonprofit boards, including The American Folk Art Museum in New York, Northwestern University's Block Museum of Art, The Jewish Museum and The New York Asian Symphony Orchestra.
Litigation
Our litigation attorneys have represented artists, owners and galleries in a wide variety of matters, including claims concerning lost, stolen and forged art, copyright infringement, and the appropriateness of minimum bids in auction house proceedings. At Pryor Cashman, we:
- Have successfully represented through trial, and continue to represent on appeal, the owner of Egon Schiele art against allegations that the art had been expropriated by the Nazis during World War II
- Represent the Dedalus Foundation (established by the Estate of Robert Motherwell) generally in connection with claims relating to works by Motherwell, as well as in corporate and employment matters
- Represent The Jewish Museum as the custodian of art by Camille Pissaro that is the subject of a title dispute in bankruptcy litigation
- Represented Leo Castelli Gallery, Leo Castelli, the Estate of Leo Castelli and The Castelli Gallery in various matters, including insurance disputes, contract and fiduciary duty claims, stolen and missing art claims, lease disputes and intellectual property matters
- Represent numerous collectors who acquired art allegedly by internationally renowned artists, including Pablo Picasso, Alexander Calder, Alberto Giacometti and Willem de Kooning, which pieces were later demonstrated to have been forged
- Represented the galleries of Ileana Sonnabend and Charles Cowles concerning leasehold, ownership and fiduciary duty disputes
- Represented a consignor of music memorabilia previously owned by a famous musician in claims against an auction house arising out of lower than expected hammer price