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HHR Art Law

Fighting Back Against the “New Normal” – Artists Assert VARA Rights to Protect Street Art

By Katharine Haydock on July 15, 2019

Despite a recent decision in favor of municipal and property-developer defendants, a case pending in the Central District of Illinois serves as yet another warning to property developers to seek VARA waivers from artists up front. In April 2019, 13 artists (the “Artist-Plaintiffs”) brought VARA claims against two defendants, the Town of Normal (the “Town”) and real estate developer Bush Development (together, “Defendants”), in the Central District of Illinois for injunctive and other relief to…

HHR Art Law

Pennsylvania District Court to Rule on Whether Street-Artist VARA Plaintiff Must Plead Facts Supporting “Recognized Stature”of the Work

By Grace Ha on May 13, 2019

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A case pending in the Western District of Pennsylvania should provide the opportunity for a federal judge to clarify the pleading requirements for the “recognized stature” element of a VARA claim. In April 2018, street artist Kyle Holbrook and two arts organizations that he founded brought VARA claims against forty-four defendants, including the City of Pittsburgh, in the federal court for the Western District of Pennsylvania, alleging that the defendants had mutilated and destroyed murals…

HHR Art Law

Arts and Antiques Dealers Await Judge’s Ruling on Challenge to Strict New York State Ivory Law

By Amanda Boitano on May 2, 2019

Last year, two trade groups of New York-based art and antiques dealers brought claims against New York State officials in the federal court for the Southern District of New York, seeking to invalidate a 2014 New York law that opens dealers up to criminal penalties for buying and selling antique ivory.[1] On March 21, 2019, Judge Lorna Schofield of the Southern District of New York permitted the trade groups’ Third Amended Complaint to…

HHR Art Law

Update: U.S. Supreme Court Denies Certiorari in California Resale Royalty Case

By Katharine Haydock on April 25, 2019

On April 1, 2019, the U.S. Supreme Court denied certiorari in a series of Ninth Circuit cases that found that the California Resale Royalty Act (“CRRA”) was partially preempted by section 301(a) of the 1976 Copyright Act. Under the CRRA, secondary-market sellers of fine art would be required to pay to the artist who created a work a five percent (5%) royalty on each resale of that work. After the Ninth Circuit ruled that…

HHR Art Law

Who We Are: A Look Inside Our Art Law Practice Group

By HHR Art Law on April 15, 2019

At Hughes Hubbard, we are a full service firm with the suite of resources to provide clients with a reach and set of capabilities that is unique. In this video, our Art Law lawyers highlight some of the high-end work we do – and the number of issues at stake – for our high-end clients. …

HHR Art Law

Failed Antitrust Case Against World-Class Museums or an Artist’s Veiled Publicity Stunt?

By Carolyn Harbus on February 6, 2019

Robert Cenedella – a satirical American artist – has apparently decided not to replead his antitrust case against five major New York City museums. On December 19, 2018, Judge John G. Koeltl of the Southern District of New York dismissed Cenedella’s class action complaint, but gave him the opportunity to submit an amended complaint by January 15, 2019.[1] That deadline has since passed, with nothing from Cenedella but a defiant email statement attacking…

Bankruptcy Report

Hughes Hubbard’s Lehman Team Marks 10th Anniversary

By Liz Clyne on September 13, 2018

In a special video, members of Hughes Hubbard’s Lehman team reveal the challenges they faced and overcame after Lehman Brothers collapsed 10 years earlier in what remains the largest bankruptcy in history. The team serves as counsel to James W. Giddens, the trustee overseeing the $123 billion liquidation of Lehman Brothers Inc., the largest single estate in the entire Lehman failure. https://vimeo.com/288592567…

Bankruptcy Report

In CNBC: Lehman and MF Global Taught the Need to Prepare for the Next Financial Collapse

By Christopher K. Kiplok on September 6, 2018

September 6– Christopher Kiplok, counsel to the trustee in the liquidations of Lehman Brothers and MF Global, writes about the principal lesson of the largest and eighth-largest bankruptcies in history in this CNBC commentary: Lehman and MF Global taught the need to prepare for the next financial collapse.…

HHR Art Law

Update: Ninth Circuit Holds That CRRA Is Preempted by “First Sale Doctrine”

By Elizabeth Beitler on August 9, 2018

Above: Plaintiff Chuck Close. __________________ The Ninth Circuit recently issued its decision regarding the validity of the California Resale Royalty Act (“CRRA”) in three consolidated appeals: Close v. Sotheby’s, Inc., No. 16-56234, The Sam Francis Foundation v. Christie’s, Inc., No. 16-56235 and The Sam Francis Foundation v. eBay Inc., No. 16-56252. 2018 WL 3322222 (9th Cir. July 6, 2018). As previously discussed on this blog, the CRRA provides that an artist may recover a…

Bankruptcy Report

Pyrrhic Victory in Palmaz: Creditors Entitled to D&O Insurance Claims, but not D&O Insurance Payouts

By Dustin Smith on August 8, 2018

A recent decision by the Bankruptcy Court for the Western District of Texas in In re Palmaz Scientific, 2018 WL 1036780, at *5 (Bankr. W.D. Tex. Feb. 21, 2018) serves as a cautionary tale of the importance of monitoring the plan confirmation process. In Palmaz, the bankruptcy court held that a chapter 11 bankruptcy reorganization plan would not bar investors from pursuing direct claims against the directors and officers of debtor. However, this was a…

Hughes Hubbard & Reed LLP

Hughes Hubbard & Reed LLP Blogs

Blog Authors

Fighting Back Against the “New Normal” – Artists Assert VARA Rights to Protect Street Art

Pennsylvania District Court to Rule on Whether Street-Artist VARA Plaintiff Must Plead Facts Supporting “Recognized Stature”of the Work

Arts and Antiques Dealers Await Judge’s Ruling on Challenge to Strict New York State Ivory Law

Update: U.S. Supreme Court Denies Certiorari in California Resale Royalty Case

Who We Are: A Look Inside Our Art Law Practice Group

Failed Antitrust Case Against World-Class Museums or an Artist’s Veiled Publicity Stunt?

Hughes Hubbard’s Lehman Team Marks 10th Anniversary

In CNBC: Lehman and MF Global Taught the Need to Prepare for the Next Financial Collapse

Update: Ninth Circuit Holds That CRRA Is Preempted by “First Sale Doctrine”

Pyrrhic Victory in Palmaz: Creditors Entitled to D&O Insurance Claims, but not D&O Insurance Payouts

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