Pryor Cashman Partner William Charron, co-chair of the Art Law practice and a member of the Litigation, Intellectual Property, and Media + Entertainment Groups, authored “Assigning Burdens of Diligence in Authenticity Disputes” for The Art Law Review.

The article appears in the third edition of the publication, edited by Lawrence M. Kaye and Howard N. Spiegler. Bill’s introduction sets up the complex issues of art authenticity litigation discussed in the article:

Fake and forged art are hardly new problems for the art market. As art has become more highly commoditised, however, particularly among wealthy collectors who have the means to litigate (in what can often be time-consuming and expensive processes), sales of fake and forged art have become higher-stake problems. The problem is perhaps at its zenith when a 'sophisticated' collector buys inauthentic art from a 'reputable' seller. If litigation erupts, both sides will accuse the other of having not acted reasonably to ascertain or to more fully disclose facts concerning the possibility of inauthentic art. This chapter discusses an emerging trend in United States law to favour the role of the sophisticated collector over that of the reputable seller in these disputes.

Read the full article using the link below.