Resolved Stolen Art Claims
Updated periodically
Herrick's Art Law Department This chart was compiled by Herrick, Feinstein LLP from information derived from published news articles and services available mainly in the United States or on the Internet, as well as law journal articles, press releases, and other sources, consulted as of May 2013.
Dodd-Frank Brings Regulatory Change to Investment Advisers
May 13, 2013
Patrick D. Sweeney,
Matthew H. Kunkes
New York Law Journal Patrick Sweeney, a corporate partner at Herrick, Feinstein and Matthew Kunkes, a corporate associate, were featured in the May 13, 2013 Financial Reform Special Section of the New York Law Journal. Their article addresses the regulatory impact of Dodd-Frank on investment advisers and discusses changes emanating from Dodd-Frank's Title IV, the "Private Fund Investment Adviser Registration Act of 2010."
Ultra Music Festival Q&A
August 10, 2012
Herrick, Feinstein Three Questions on Herrick's Representation of Ultra Enterprises, Inc. in a Federal Trademark Infringement and Breach of Contract Trial
Fight for Nazi-looted Art Must Continue
April 13, 2013
Howard N. Spiegler
The Jewish Chronicle Howard addresses various types of criticism that have been voiced concerning the world-wide efforts, including by Herrick's Art Law Group, to recover Nazi-looted art on behalf of the families of Holocaust victims.
A Lesson about a Secured Lender's Claim for Attorneys' Fees
April 2013
Paul A. Rubin,
Adam D. Wolper
American Bankruptcy Institute Journal - April 2013 Paul Rubin and Adam D. Wolper co-authored the article "A Lesson about a Secured Lender's Claim for Attorneys' Fees", which examines the ramifications of the bankruptcy court's decision in
In re Latshaw Drilling LLC. The bankruptcy court allowed an oversecured lienholder/administrative agent to recover a significant portion of its attorneys' fees even though the lender forced a healthy borrower into bankruptcy after the lender breached its funding commitment.
Impact of JOBS Act On 3rd-Party Marketers
April 3, 2013
Richard M. Morris
Law360 Richard M. Morris authored an article for the Expert Analysis section of Private Equity and Securities Law360 about how the JOBS Act, which was passed in April 2012, will likely change the business of third-party marketers by expanding the scope of permitted promotional activities in connection with offering investments in hedge and private equity funds.
Market Trends, Legal Developments, and Their Effect on M&A Documentation
2013
Irwin A. Kishner
Mergers and Acquisitions Law 2013: Top Lawyers on Trends and Key Strategies for the Upcoming Year Irwin Kishner authored the chapter "Market Trends, Legal Developments, and Their Effect on M&A Documentation" for the book
Mergers and Acquisitions Law 2013: Top Lawyers on Trends and Key Strategies for the Upcoming Year, published byThomson Reuters/Aspatore.
SOFA Entertainment, Inc. v. Dodger Productions, Inc.
March 11, 2013
Barry Werbin
The New York State Bar Association EASL Blog The Ninth Circuit issued a March 11, 2013 decision in
SOFA Entertainment, Inc. v. Dodger Productions, Inc.. The Court affirmed the district court's grant of summary judgment and attorneys' fees in a copyright infringement suit.
A Tenant’s Guide To Operating Expense Escalations
February 8, 2013
Dena Cohen
Law360 Dena Cohen, Counsel in Herrick Feinstein’s Real Estate Group, authored an article for the Expert Analysis section of Real Estate Law360 which provides a primer on rent increases that are associated with the costs of operating, maintaining and repairing buildings.
Ashby Donald and others v. France
February 21, 2013
Barry Werbin
The New York State Bar Association EASL Blog A fascinating and unusual decision of first impression (published only in French) from the European Court of Human Rights (ECHR) involves the rights of photographers to use photographs taken at French fashion shows.
The Batmobile Is A Protectable "Character"
February 15, 2013
Barry Werbin
The New York State Bar Association EASL Blog A very interesting decision from January 26th out of the C.D. Cal., ruling on cross summary judgment motions, finds in favor of DC Comics (Warner) that the iconic Batmobile® is akin to a "character" protectable by copyright as opposed to an unprotected functional automobile.
Morris v. Young
February 13, 2013
Barry Werbin
The New York State Bar Association EASL Blog Another new interesting artwork photography/art fair use - "transformative use" - decision was issued 1/28/2013 by the C.D. California (
Morris v. Young (CD Cal. 2013)), mirroring the same issues as in
Cariou v. Prince, 784 F. Supp. 2d 337, 349 (S.D.N.Y. 2011) [on appeal].
Introduction and Overview of Nazi Looted Cases
Howard N. Spiegler
Canadian Criminal Law Review, Vol. 17, No. 1 Howard Spiegler has authored an article for the Canadian Criminal Law Review that provides an overview of trends in recovering art looted by the Nazis, including the burgeoning involvement of the U.S. government.
Scott Mollen’s 164,000 Square Foot Office Building Receivership Success Featured in Real Estate Weekly
December 26, 2012
The article, featured in Real Estate Weekly, explains how 111 Great Neck
Rd. is now thriving under the receivership of Scott E. Mollen, Partner
and Co-Chair of the Real Estate Department. The property is 164,000
square feet and one of Nassau County's most prominent Class A office
buildings. Due to Scott’s proactive approach, the building is now 89%
occupied with additional potential lease discussions underway.
Useful Enemies: John Demjanjuk and America's Open-Door Policy for Nazi War Criminals
2013
Richard Rashke
Former Congresswoman Elizabeth Holtzman is cited as a "hero" and mentioned at length for her pioneering efforts in compelling the U.S. government to act against Nazi war criminals living in America and for her decades long work to bring them to justice.
Rashke, the author, escaped from the Sobibor extermination camp. John Demjanjuk, the subject of the book and a Ukrainian native, had been extradited to Germany from the U.S. and was convicted by Germany of being an accessory to murder as a guard at Sobibor.
A Primer for Acquiring Inclusionary Air Rights in NYC
January 2, 2013
Jennifer Dickson,
Michael A. Smith
Law360 Michael Smith and Jennifer Dickson co-authored an article entitled “A Primer for Acquiring Inclusionary Air Rights in NYC.” The article addresses the process of acquiring inclusionary air rights which, for the unfamiliar, can be fraught with foreign jargon.
The piece was published by
Law360 on January 2, 2012. To view the full article, please click
here. We hope you find this article useful and encourage you to forward this email to those contacts you think might be interested as well.
Don't Underestimate The Scope Of A Bad Boy Guaranty
November 27, 2012
Law360 In the bygone days of pure nonrecourse financing, if a borrower was unable or failed to perform its obligations under the mortgage loan documents, lenders would look solely to the underlying collateral for the recovery of the debt. In that scenario, lenders were essentially out of luck if the value of the collateral fell to a level below the outstanding balance of the mortgage debt. To add insult to injury, many lenders quickly learned that this lack of personal liability enabled, and in some instances encouraged, distressed borrowers to covertly siphon cash out of the property in the months leading up to a default. Enter the bad boy guaranty.
Practice Tip: Common-Law Indemnification
October 2012
Alan D. Kaplan,
Marisa A. Leto
LJN's Prodcut Liability Law & Strategy
This article provides an in-depth discussion of the concept of common-law indemnification, using New York State to illustrate how the law has evolved in that state, from the inception of contribution as an available remedy through the present day interpretation by the courts. Although this concept by definition derives from the "common law," practitioners should be aware that many states have their own peculiarities that must be identified at the outset of any litigation so that an appropriate strategy can be devised.
HathiTrust
October 22, 2012
Barry Werbin
The New York State Bar Association EASL Blog Herrick, Feinstein Partner and Chair of the Intellectual Property and Technology Group, Barry Werbin, wrote an article discussing the recent decision by Judge Harold Baer (SDNY) in The Authors Guild, Inc. et al v. Hathitrust et al.
Jovani Fashion v. Fiesta Fashions
October 19, 2012
Barry Werbin
The New York State Bar Association EASL Blog In a an article about the recent Second Circuit decision in the JOVANI FASHION v. FIESTA FASHIONS case, Herrick, Feinstein Partner and Chair of the Intellectual Property and Technology Group, Barry Werbin, describes the suit that Jovani brought against Fiesta for alleged copyright infringement of its design for a prom dress. Mr. Werbin describes Jovani's argument and how, ultimately, the Second Circuit ruled to dismiss the case.
Disagreement over Absolute Assignments of Rents Reappears
September 2012
The Bankruptcy Strategist During the real estate downturn of the early 1990s, courts in the Southern and Eastern Districts of New York disagreed over the impact under New York law of what appeared to be absolute assignments of rents, and whether Chapter 11 debtors could spend property rents to support their reorganization efforts despite such assignments. During the current downturn, two Southern District judges held that debtors are prevented from spending such rents because they had executed absolute assignments.
Litigation Strategies for Intellectual Property Cases, 2012 Ed.
June 2012
M. Darren Traub
Inside the Minds: Litigation Strategies for Intellectual Property Cases, 2012 ed. M. Darren Traub, a partner at Herrick specializing in intellectual property litigation, has authored a chapter entitled "Developing Effective Legal Strategies for Intellectual Property Cases" for the book
Inside the Minds: Litigation Strategies for Intellectual Property Cases, 2012 ed
.
Poindexter v. EMI
April 7, 2012
The New York State Bar Association EASL Blog This quietly noteworthy music copyright infringement decision was issued March 27th by Judge Swain (SDNY), and reminded me of the 6th Circuit's 2005 decision in
Bridgeport Music Inc. v. Dimension Films (410 F.3d 792 (6th Cir. 2005)), where that Circuit, in a case of first impression, held there was no "de minimus" copying defense as a matter of law in music sampling infringement cases (
Bridgeport addressed a two-second sample of a rap song used in a film).
Density, Sustainability, Affordability
December 21, 2011
GlobeSt.com Eldad Gothelf argues that all decisions about zoning and planning in New York City must be made while keeping in mind at least one -- and preferably more -- of the key, overlapping, interwoven factors of density, sustainability and affordability. He makes those points in a commentary piece attached to the 50th anniversary of the city's zoning resolution.
Litigating Products Liability Class Actions
November 2011
Susan T. Dwyer,
Ronald J. Levine
Products Liability Class Actions - Early Case Assessment Class action specialists Susan Dwyer and Ronald Levine have authored a book chapter on early case assessment in product liability class actions. The chapter is part of a larger book published by Aspatore (Thomson) publishing addressing recent decisions, case validity and trial preparation in product liability class actions.
The Long View Following In Re Longview Aluminum
November 2011
Paul A. Rubin,
Hanh Huynh
Bankruptcy Law360’s Expert Analysis Paul Rubin and Hanh Huynh co-authored the article “The Long View Following In Re Longview Aluminum,” which examines the increase in bankruptcy preference lawsuits in which plaintiffs allege that defendants are insiders of the debtor and are therefore required to disgorge payments received within a year of the debtor’s filing for protection.
Foreign Corrupt Practices Act Due Diligence in Mergers and Acquisitions Deals
August 16, 2011
Steven D. Feldman
New York Law Journal Steve co-authored, with Joseph Spinelli of Navigant, the article “Foreign Corrupt Practices Act Due Diligence in Mergers and Acquisitions Deals” which discusses the U.S. Department of Justice’s heightened focus on violations of the Foreign Corrupt Practices Act in the context of mergers and acquisitions, and details methods for companies to minimize FCPA liability.
Successful Partnering Between Inside and Outside Counsel
Spring 2011
Irwin A. Kishner,
Daniel A. Etna, Lonn Trost
American Corporate Counsel Association (ACCA) treatise Irwin Kishner, Dan Etna and Lonn Trost co-authored a chapter in the book "Successful Partnering Between Inside and Outside Counsel" written by Robert L. Haig, on "Sports Law." Brooke Crescenti, Jessica DeBartolo, Rick Torres, Julie Albinsky, David Hoffman and Regina Liang assisted in writing the article.
Absolute Assignments of Rents Survive Filings
February 2011
Paul A. Rubin
American Bankruptcy Institute Journal Paul Rubin authored the article "Absolute Assignments of Rents Survive Filings." This feature article suggests ways lenders can counter recent bankruptcy court decisions that effectively void absolute assignments of rents in bankruptcy.
Labor Unrest in the NFL — What It Means for Sponsors, Television Partners and Licensees
February 11, 2011
Irwin A. Kishner,
Matthew Pace
Sports Litigation Alert Irwin Kishner, Matthew Pace and Rick Torres opine that a football strike or lockout would create potential problems for sponsors, broadcast partners and licensees. The article points out that creative materials are developed months in advance of their launch, meaning that sponsors must decide whether to invest time and money into creating and developing the materials, without knowing whether the next football season will be played as scheduled, delayed or cancelled entirely. Licensees, meanwhile, pay advances against royalties, and if the games aren't played, revenues from licensed merchandise will drop sharply.
J.K. Rowling Succeeds in Copyright Infringement Case
January 10, 2011
Barry Werbin
New York State Bar Association Barry Werbin authored the post "J.K. Rowling Succeeds in Copyright Infringement Case," which discusses an important copyright case, on the New York State Bar Association's blog
Entertainment, Arts and Sports Law Blog.
UMG v. Augusto
January 10, 2011
Barry Werbin
New York State Bar Association Barry Werbin authored the post “UMG v. Augusto," which discusses an important copyright case, on the New York State Bar Association’s blog
Entertainment, Arts and Sports Law Blog.
The Impact of Pending and Existing Employment Legislation on Employment Lawyers and Clients
November 1, 2010
The Impact of Recent Regulatory Developments in Employment Law, published by Aspatore Books Employment litigation specialist Carol Goodman authors a book chapter on what laws -- existing and pending -- affect employment attorneys and their clients, and in what way. The chapter is part of a larger book covering regulatory changes in employment law.
A Few Essential Elements of Distressed Asset Transactions
September 2010
Joshua J. Angel
Buying and Selling Distressed Businesses Joshua Angel authored a chapter, titled "A Few Essential Elements of Distressed Asset Transactions", in the 2010 edition of Aspatore's
Buying and Selling Distressed Businesses: Leading Lawyers on Navigating Recent Distressed Business Transactions, Understanding the Sales Process, and Developing Deal Strategies.
City Program Could Streamline Brownfield Process
September 2, 2010
GlobeSt.com A new program that allows the NYC Office of Environmental Remediation to investigate some brownfields sites, oversee remediation and -- applying state DEC criteria -- advise that cleanup has been completed properly, gives developers a potentially viable option to redevelop tainted property, Louis Evans writes. He notes that the state's program -- heretofore the only game in town -- offered a relatively protracted and sluggish process and says developers would be wise at least to consider the city program.
Corporate Alert: One Word Says It All, Minority Shareholder’s Rights, New Arbitration Rules, Letter of Intent Binding, Trust Agreement Dispute, “Bet the Company” Transactions, Preliminary Merger Negotiations, Climate Change Disclosure, HSR Act, New Excise Tax
February 2010
Irwin A. Kishner,
Daniel A. Etna
Trademarks in Virtual Worlds
December 1, 2009
Barry Werbin
INTA Bulletin, Vol. 64, No. 22 Barry Werbin authors this article which he discusses the impact the development of virtual online worlds is having on brand and trademark use.
Laissez Les Bon Temps Roule
March 2009
Howard E. Peskoe
The Deal Magazine Howard authored this article in
The Deal Magazine which discusses the impact of proposed federal oversight and publicity on corporate travel.
Co-ops Can Ease the Condo Crisis
October 5, 2009
Douglas P. Heller, Erica Buckley
Globestreet.com & Real Estate New York Erica Buckley, an assistant attorney general in the Real Estate Finance Bureau, and Douglas P. Heller, a Herrick partner specializing in all aspects of condo and co-op law with an emphasis on financing, encourage developers, sponsors and lenders on troubled condominium projects to consider converting to a co-operative ownership structure.
Caveat Emptor, Seller and Auctioneer When Sports Memorabilia Is for Sale
August 14 , 2009
Irwin A. Kishner,
Liliana Chang
Sports Litigation Alert Irwin Kishner—with assistance from summer associate Liliana Chang—authored the article “Caveat Emptor, Seller and Auctioneer When Sports Memorabilia Is for Sale,” in which he advises buyers, sellers, auctioneers and collectors of sports and entertainment memorabilia that dealing with large, reputable dealers and auctioneers helps minimize the risk of trading forgeries and items of questionable provenance.
Restituting Looted Cuban Art
July 30, 2009
Mari-Claudia Jiménez
Papers and Proceedings of the Nineteenth Annual Meeting of the Association for the Study of the Cuban Economy (ASCE) Mari-Claudia Jiménez authored the article "Restituting Looted Cuban Art", which was published in the complete proceedings of the Association for the Study of the Cuban Economy (ASCE) conference.
Ask The Tax Guys
2009
Michael H. Kessel
Micro-Cap Review Mike Kessel does a question-and-answer for
Micro-Cap Review on employee stock option plans (ESOP) and the discusses the tax benefits for establishing one as a business owner.
Dealing with the Surprise Government Interview
June 2009
David M. Rosenfield, Jim Moss
Micro-Cap Review David Rosenfield co-authors an article entitled "Dealing with the Surprise Government Interview" which appears in
Micro-Cap Review magazine. This article originally appeared in the October 2007 issue of the ALM Law Journal publication
Product Liability Law & Strategy Newsletter, and was reprinted in the November 2007
E-Commerce Law & Strategy Newsletter.
Repricing Underwater Stock Options
May 27, 2009
Stephen E. Fox
SEC Trends & Developments, the newsletter published by the accounting firm Eisner LLP. Public companies with out-of-the-money stock options should consider repricing those underwater options, Stephen Fox writes in the accounting firm's newsletter in a new section called From The Bar. Repricing options so they are in the money is one way of compensating employees and aligning their interests with those of their employers.
Cash Is King, Unless a Tenant Goes Bankrupt
May-June 2009
Real Estate New York's Property & the Law column Commercial property owners should consider requiring guarantor collateral -- rather than cash -- to secure a lease, because if tenant files for bankruptcy protection, the cash is subject to orders of the bankruptcy court and may not be available to the landlord, Ben Kursman writes here.
Still Divisive: PSLRA Discovery Stay
March 12, 2009
Richard Cashman
Securities Law 360 Richard Cashman wrote this article, which deals with the circumstances under which plaintiffs may seek to lift the automatic stay of discovery imposed by the Private Securities Litigation Reform Act pending the outcome of a motion to dismiss an action for securities fraud.
Social Networking And Litigation
January 2009
LJN’s E-Commerce Law & Strategy, Volume 25, Number 9 Ron Levine discusses the current landscape of social networking sites and the role they play when a user is faced with a lawsuit.
Viewpoint.com Blog
Ongoing
Ronald J. Levine
SAI Global's Law and Ethics Advisors Ron Levine contributes to the Viewpoint blog, which covers topics involving legal compliance and ethics programs.
1st Use Of New Pooled Investment Anti-Fraud Rules
December 19, 2008
Securities Law 360 Steven Feldman advises securities law practitioners to familiarize themselves with the SEC's new anti-fraud rules promulgated under the Investment Adviser Act. He predicts that the SEC and federal prosecutors will employ those rules in efforts to target hedge funds.
Whose Space? Discovery of Social Networking Web Sites
November 2008
Ronald J. Levine
Law Journal Newsletters: Product Liability & Law Strategy, Volume 28, Number 5 Ron Levine discusses the current landscape of social networking sites and the role they play when a user is faced with a lawsuit in "Whose Space? Discovery of Social Networking Web Sites."
Realty Law Digest
Ongoing (since 1987)
Scott E. Mollen
New York Law Journal Scott Mollen authors "Realty Law Digest," a weekly column appearing in the
New York Law Journal since 1987.
Don't play fast and loose with real estate contracts
August 13, 2008
Real Estate Weekly Scott Mollen notes that some sellers of commercial real estate try to use dubious reasons to default buyers in rising markets -- hoping to re-trade the deal at a more robust price -- and issues cautions about that practice.
Giving and Loaning Art to Charity
May 2008
Alexander M. Popovich
Trusts and Estates Alex co-authored this article in
Trust and Estates.
Corporate Quick Hit: Fraudulent Inducement and Breach of Warranty, Stock Options in Cash Mergers, Valuing Employee Stock Options, Section 409A, Fair Value in Public Markets, Liability of Service Providers, Whistleblower Act, Transgender Discrimination, Nursing Mothers in the Workplace Act, FINRA
October 2007
Irwin A. Kishner,
Daniel A. Etna
Developers Take Note!
April 24-30, 2007
Lori G. Singer
New York Real Estate Journal Lori Singer co-authors this article on The New York Brownfield Cleanup Program's potentially lucrative tax credit programs.
Deepening Insolvency is Sinking Fast
December 2006 - January 2007
Paul A. Rubin
The Bankruptcy Strategist Paul Rubin authors this article about a growing trend in the decisions of certain courts toward restricting or rejecting claims for deepening insolvency.
Deepening Insolvency
February 2005
Paul A. Rubin
Law Journal Newsletters, The Bankruptcy Strategist, Vol. 22, Num. 4 Paul Rubin's article on insolvency argues that a lender's victory over a trustee may have far-reaching implications.
Digital Battle Bots
February 2003
Barry Werbin
Metropolitan Corporate Counsel Barry Werbin writes about the new breed of copyright litigation spawned by the digital era.
YES
May 2002
Irwin A. Kishner,
Daniel A. Etna
The Metropolitan Corporate Counsel Irwin Kishner and Dan Etna co-author this article on the formation of the YES television network.
Bankruptcy
2001
Paul A. Rubin
N.J. Foreclosure Law & Practice, New Jersey Law Journal Books, Chapter 21 Bankruptcy Paul Rubin authors a chapter on Bankruptcy in
N.J. Foreclosure Law & Practice.
A Quick Glance at the Schiele Paintings
Fall 1999
Lawrence M. Kaye
Theft of Art During World War II: Its Legal and Ethical Consequences, a Symposium Presented by the DePaul University Journal of Art and Entertainment Law, 10 DePaul-LCA J. Art & Ent. L. 11 Larry Kaye authors an article on the dispute surrounding the restitution of two Egon Schiele paintings looted by the Nazis in World War II.
Evaluation of Arbitration Cases
1998
Howard R. Elisofon
The Practicing Law Institute Howard Elisofon authors an article on evaluating arbitration cases.
Art Wars: The Repatriation Battle
1998
Lawrence M. Kaye
New York University Journal of International Law and Politics, 31 N.Y.U. J. Int'l L. & Pol. 79, Fall 1998 Larry Kaye authors an article on how governments can enact and enforce legislation to curb the illicit trade in art and cultural property without undue adverse impacts to the legal trade.
Who Said It Would Be Easy?
1996
Hon. Elizabeth Holtzman, Cynthia L. Cooper
Arcade Press An account of Elizabeth Holtzman's twenty years in public office, from 1973, as the youngest woman elected to the United States Congress, to her term as the first woman Comptroller for New York City.
The Nuremberg Principles
1995
Hon. Elizabeth Holtzman
Nuremberg, Forty Years Later, McGill-Queen's University Press Elizabeth Holtzman, who serves on the Interagency Working Group overseeing the declassification of the U.S. government's secret Nazi war crimes files, was a featured speaker at a conference titled "Nuremberg, Forty Years Later," alongside Elie Weisel, elected officials and cabinet ministers from around the world. The proceedings are immortalized in a book of the same title edited by Irwin Cotler.
SEC Investigations
1985
Arthur G. Jakoby, Ira Lee Sorkin
The Review of Securities and Commodities Regulation, Vol. 18, No. 4 Arthur Jakoby authors an article on SEC investigations, advising that representation of witnesses in these cases requires knowledge of rights conferred by commission rules, administrative practice, and privacy statutes.