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SUMMARY:[Virtual] Art Law & Litigation Conference
DESCRIPTION:The 2021 Virtual Art Law and Litigation Conference will provide an unparalleled opportunity for attendees to learn about important art law updates and gain expert insight into art law issues—all while earning CLE credit. This year’s conference will be held virtually over two days\, with three panels each day. The conference is designed for attorneys and non-attorneys who are interested in the intersection of art and the law. \nProgram Co-Chairs\nRaymond Dowd\, Partner\, Dunnington\, Bartholow & Miller LLP\nBetsy Dale\, Associate\, Dunnington\, Bartholow & Miller LLP \n\nAgenda\nAll sessions will broadcast in Eastern Daylight Time (EDT).\nTimes and speakers are subject to change. \nThursday\, April 29\n12:00 – 12:45 p.m. | {HEADLINER} Goering’s Man in Paris: Nazi-Looted Art and the Art Market\nThis session is not available for CLE Credit.\n \nHistorian\, Jonathan Petropoulos\, will discuss the charged biography of a notorious Nazi art plunderer and his career in the postwar art world. \n\n(Introduction) Monica Dugot\, Global Art Professional; Board Member\, Foundation Remembrance\, Responsibility and Future (German acronym EVZ)\nJonathan Petropoulos\, John V. Croul Professor of European History\, Claremont McKenna College\n\n1:00 – 2:00 p.m. | Selling and Consigning Artwork in the Era of Covid-19 \nAuction houses and other art vendors have adjusted their business practices to address some of the logistical hurdles caused by the Covid-19 virus. In this panel\, we will detail how the auction houses and galleries have adjusted their practices to facilitate the consignment process and sales. Sherri Cohen will provide the auction house perspective\, detailing how auction houses have modified their consignment agreements to provide flexibility in the format of selling property\, including when the property will be offered for sale\, and how the property will be marketed\, and she also will discuss how auction houses are addressing property withdrawals and late payments. Amelia Brankov and Azmina Jasani will provide legal tips for consignors and art purchasers\, including on property inspection\, condition reports\, and the right of cancelation\, and will cover issues concerning authenticity in online sales and tracking withdrawn lots in digital catalogues. Art advisor Karen Boyer will discuss practical hurdles collectors have faced with art transactions\, and provide real-life examples of unprecedented legal and practical pitfalls faced by collectors in connection with art purchases in the era of Covid-19. \n\n(Moderator) Amelia Brankov\, Founder\, Brankov PLLC\nKaren Boyer\, Founder\, Elements in Play Fine Art Advisory\nSherri Cohen\, Head of Business Development USA\, Bonhams\nAzmina Jasani\, Partner\, Constantine Cannon LLP\n\n2:30 – 3:30 p.m. | When Museums Sell Art: Current Controversies about Deaccessioning  \nThis panel will explore art institution deaccessioning from an ethical\, governance and legal standpoint as it relates to contemporary demands and realities faced by art museums\, including operational expenses\, diversity and inclusion efforts and diversifying collections. The financial realities of many art museums have changed over the years\, as previously wealthy areas depopulate and philanthropy dries up. What many small museums are left with are valuable collections on the one hand but little money for operations and institutional advancement on the other. The pandemic has only exacerbated these difficulties\, and brought them to more major institutions. At the same time\, calls on art museums to rethink the kinds of artists they present\, staff they hire and audience they cater to are louder than ever. This is a resource intense time. Unsurprisingly\, eyes turn to the valuable art held by these institutions. Why not sell one or two paintings to fund operations\, raise salaries and refine a strategic goal? If an artwork is just sitting in storage or is duplicative of other works who is harmed from its sale? On the other hand\, do museums hold their collections in public trust forever? Is their very existence defined by protecting their collections for future viewing and study? If museums start monetizing their art what will be left? Is this a slippery slope? Is any deaccessioning for non-art purchase purposes unacceptable? \n\n(Moderator) Steven Schindler\, Partner\, Schindler Cohen & Hochman LLP\nMaxwell L. Anderson\, President\, Souls Grown Deep Foundation; former AAMD President\nKatherine Wilson-Milne\, Partner\, Schindler Cohen & Hochman LLP\nLena J. Wong\, Assistant General Counsel\, Brooklyn Museum; formerly Compliance Counsel at Sotheby’s\n\n4:00 – 5:00 p.m. | The Appraisal \nArt appraisals come in a variety of shapes\, sizes and purposes. Practitioners should understand the myriad reasons parties seek an appraisal\, the rules that govern appraisals\, and how the ultimate valuation can be driven by the underlying reason for the appraisal. This panel will look at the appraisal process from a variety of perspectives\, including the appraiser\, the auction house\, the museum and in litigation. The panel will include representatives from each field. The educational content will include copies and summaries of the laws\, rules\, and ethical considerations governing appraisals\, key court decisions concerning appraisals\, and a slide show to guide and accompany the panel discussion about appraisals in the art world. \n\n(Moderator) Aaron Brian\, Of Counsel\, Nixon Peabody LLP\nSusan Davidson\, Curator & Art Historian\nGuy Jennings\, Managing Director\, Fine Art Group\nBlake Koh\, Regional Director\, Phillips Auction House\n\nFriday\, April 30\n12:00 – 12:45 p.m. | {HEADLINER} How Artificial Intelligence and Non-Fungible Tokens Just Smashed the Art World to Smithereens with a $69M Christie’s Auction Price\nThis session is not available for CLE Credit.\n \nArt world insiders discuss the monumental importance of the sale of Beeple’s digital artwork “EVERYDAYS: THE FIRST 5000 DAYS\,” and what practitioners need to know about NFTs. \n\nHelen Allen\, Executive Director\, The Winter Show\nMiltos Maneta\, Artist\nMassimo Sterpi\, Partner\, Gianni Origoni Grippo Cappelli & Partners\n\n1:00 – 2:00 p.m. | New Market Considerations in Buying and Selling Art Today \nA number of recent events have affected or will affect the purchase and sale of artwork durably reshaping the art market. The impact of COVID-19 and the prospect that institutions and businesses at all level could close their doors has led art market participants to move away from hand shake deals in favor of more robust contractual protections. The art market participants across the board have recognized consignee’s bankruptcy concerns and formal agreements are often now including the creation of a security interest and the ability to file a UCC-1. Those tools are not new to the US legal landscape but had been seldom used in the artworld but seems to be widely used today\, whether it relates to consignment\, loans purchase or sale of artworks. Contracts have also seen changes stemming from the online shift and the disruption to the auction calendars. With auction sales and art fairs shifting online and the disappearance of printed materials in favor of online content\, contractual negotiations shifted to address the new compressed timelines. MAC clauses are often being negotiated with only a few weeks between signing of the contract and the sale and contracts are filling the gap for the lack of in-person viewings with written condition reports and inspection upon receipt replacing the traditional in-person viewings. This portion of the presentation will address how the purchase and sale contractual provisions are affected by the shift to virtual sales. Finally\, the recent Advisory and Guidance issued by the OFAC in October 30\, 2020\, the Anti-Money Laundering Act of 2020 and the amendment adding “antiquities dealers” to the Bank Secrecy Act\, will affect the art market but the extent of it is still unclear. The due diligence and compliance programs will likely reshape certain transactions where additional transparency will be expected. This portion of the presentation will address the impact of anti-money laundering related requirements on the art market participant and what will be expected of them going forward. \n\n(Moderator) Anne-Laure Allehaut\, Counsel\, Patterson Belknap Webb & Tyler LLP\nJo Laird\, Of Counsel\, Patterson Belknap Webb & Tyler LLP\nJane Levine\, Global Compliance and Legal Executive; Professor\, Columbia Law School\nHarry Sandick\, Partner\, Patterson Belknap Webb & Tyler LLP\nLisa Wang\, Associate\, Patterson Belknap Webb & Tyler LLP\n\n2:30 – 3:30 p.m. | Street Art and Real Property: What Lawyers Need to Know About the Visual Artists Rights Act \nThis panel will explore the current state of the Visual Artists Rights Act (VARA)\, in particular as it intersects with Real Property. The important New York case of Cohen v. Wolkoff\, known as the 5Pointz case\, was remarkable for several reasons\, including that it well illustrated the statutory protections for property owners incorporating and the peril of ignoring them. In the wake of the Second Circuit’s affirmation of the result and its $6.7 million damages\, a wave of new cases and disputes are testing those protections and raising new issues. This panel will discuss these issues both from a general practitioners’ point of view and in greater depth. \n\n(Moderator) Christopher Robinson\, Of Counsel\, Rottenberg Lipman Rich\, P.C.\nHannah Barbosa Cesnik\, Yale Law School\nPhilippa Loengard\, Deputy Director and Lecturer in Law\, Columbia Law School\n\n4:00 – 5:00 p.m. | Sovereign Immunity and Nazi-Looted Art in the U.S. Supreme Court: Federal Republic of Germany v. Philipp \n\n(Introduction) Raymond J. Dowd\, Partner\, Dunnington\, Bartholow & Miller LLP\nNicholas O’Donnell\, Partner\, Sullivan & Worcester LLP\n\n\nRegistration\nRegistration for this program is now closed.\nAttendees will receive virtual access information via email on Monday\, April 26. \n\nLive Captioning: Should you request live captioning or another accommodation in order to participate in this webinar\, please contact meetings@fedbar.org at least 10 days before the event so we may make the necessary arrangements. \n\n\nCancellation Policy: No refunds will be made for cancellations received after the close of business on Friday\, April 23. Please contact Ariel White at awhite@fedbar.org with cancellation and/or substitution requests. \nInternet Requirements: Virtual Conferences require suitable internet strength to stream online panels. A minimum internet connection of 800 Kbps is recommended for an optimal attendee experience. Test your connection here.  \n\nCLE\nAttendees can receive up to 6 CLE credits (7.2 credits for 50-min states). \nCertificates and credit for these virtual panels will be processed/reported within 4-6 weeks of the event date and available for credit in states that allow credit for live webinar presentations. You must attend the live broadcast\, answer engagement polls\, and accurately enter your bar number in our database to receive credit. \n\nSponsors\nExhibitor  \n \nEducational Partner \n \nEmail sponsor@fedbar.org if you’re interested in sponsoring this event. View our Virtual Sponsorship Prospectus for current offerings. \n\nFrequently Asked Questions\nQ: What type of educational credit will be offered in the virtual format?\nA: Attendees can receive up to 6 CLE credits (7.2 credits for 50-min states). Please check with your respective state(s) for distance learning CLE requirements. \nQ: How do I obtain CLE Credit?\nA: All registrants will be prompted to submit state bar information prior to the virtual series to ensure accurate CLE reporting. Credits will be processed/reported within 4-6 weeks of the webinar event date and available for credit in states that allow credit for live webinar presentations. Your bar number must be accurate in our database to receive credit. We will share detailed instructions with registrants for CLE reporting. \nQ: How do I access the virtual panels?\nA: Virtual panels will each have a unique link to watch the live broadcast. Registered attendees will receive login instructions via a welcome email and calendar invitations the week of the conference. \nQ: Will recordings of the sessions be available after the event?\nA: Sessions will be available for registrants to view live and on-demand following the conference. Please note that CLE credit will only be submitted for attendees that watch the live broadcast. \nQ: Who do I contact for more information?\nA: Please contact meetings@fedbar.org for any other questions. \n\nEmail Communication Policy\nBy registering for this event\, you agree to receive email communications from the Federal Bar Association and affiliated sponsors of the program concerning event details\, Continuing Legal Education certification\, programming changes\, upcoming events\, surveys\, and post-event communications. \nRecording Disclaimer\nBy registering for an online FBA program\, you agree to the recording of audio and visual content presented during the live event and consent to subsequent use of the recording by the FBA. You agree that the recording is the sole property of the FBA and that the recording may be used by the FBA in any manner in its sole and absolute discretion. This recording may include questions and poll responses provided by you during the live event. If you do not consent to the recording and the FBA’s use of the same\, do not register for the event. \nFinancial Assistance\nProgram registrants (both FBA members and nonmembers) who are unable to afford the registration fee may receive a 50% discount on the member rate. Qualifying attorneys include those who are unemployed or actively seeking employment. A formal letter requesting the discount must be emailed to meetings@fedbar.org. That letter needs to state the reason for the attorney’s interest in the course or activity\, as well as proof of income or an explanation of the financial hardship\, and it must be signed by the requesting lawyer.
URL:https://www.fedbar.org/event/artlaw21/
LOCATION:Online\, US
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