Art Law Group co-chair William Charron published an article titled "Assigning Burdens of Diligence in Authenticity Disputes" in the 5th edition of In-Depth: Art Law (formerly The Art Law Review). An excerpt of the article can be found below.

INTRODUCTION

Fake and forged art are not new problems for the art market; however, as art has become more highly commoditised, 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 more high-stakes 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 a trend in US law to favour the role of the sophisticated collector over that of the reputable seller in such disputes.

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