TheArtLawReviewEdition1-1
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About the Authors
GERT JAN VAN DEN BERGH
Bergh Stoop & Sanders
Gert Jan van den Bergh is an attorney, mediator and arbitrator focused on art law, copyright, entertainment and commercial law. He is a founding member of the law firm of Bergh Stoop & Sanders and is a board member of several cultural institutions in the Netherlands. He teaches and writes regularly on issues relating to art law, ethics and policy. Gert Jan van den Bergh has litigated a wide range of art law and commercial disputes at both the domestic and international level since 1991. He has served as a deputy judge at the Amsterdam Court of Appeals, and has conducted legal training in postgraduate legal programmes. He was appointed to the original arbitration and mediation pools of the Court of Arbitration for Art in August 2019.
In general, Gert Jan van den Bergh handles cases with challenging questions surrounding authenticity, restitution, contract law and ownership issues. He gives an annual lecture at the International Association of Lawyers Congress and has given various lectures for Sotheby’s Institute of Art and the British Library Conference. He is a past board member of the Rembrandt House Museum, the Amsterdam Sinfonietta Orchestra, the Prins Bernhard Culture Fund and the Flemish Culture House De Brakke Grond, and is currently on the supervisory board of the Holland Festival.
Gert Jan van den Bergh’s educational background includes studying at the Ecole Normale Conservatory (Paris, 1984), Radboud University Nijmegen (JD, 1991) and Columbia Law School, New York (LLM, 1991).
FILIP ČABART
Havel & Partners
Filip Čabart specialises in banking, finance and capital markets, including art finance. In the course of his career, he has managed over 300 international and domestic financing transactions, advising leading international and Czech financial institutions and corporations. Filip has been an avid art fan and collector for a long time, and has particular interest in contemporary Czech art.
GIUSEPPE CALABI
CBM & Partners – Studio Legale
Giuseppe Calabi is managing partner at CBM & Partners.
After graduating in law at the University of Milan, he earned a master of laws at Harvard University.
He has successfully developed an art law practice in which his firm is widely recognised as a leader both nationally and internationally. He is currently a member of a government-appointed working group in charge of drafting a reform of the artwork export licence regime in Italy.
He regularly assists Italian and international art market operators, including artists, auction houses, dealers, art galleries, artists’ estates, cultural foundations and associations, and private collectors.
He is the co-chair of the Art, Cultural Institutions and Heritage Law Committee of the International Bar Association. He is also a member of the Harvard Law School Leadership
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Council of Europe and the Copyright Commission of the Italian Publishers Association and a non-executive board member and Italian representative of the European Association of Cultural Property Lawyers.
He frequently publishes articles and gives lectures in Italy and abroad on art law. He speaks fluent English and French.
JEAN-FRANÇOIS CANAT
UGGC Avocats
Jean-François Canat has been a lawyer for the best part of his life and, after having gained considerable experience in various other law firms, contributed to founding UGGC Avocats in 1993. Jean-François is mostly involved in litigation, matters of commercial law and art market law, the latter being the predominant focus of his practice. Jean-François represents many different types of clients: public institutions (government ministries, public bodies, etc.), private institutions (museums, foundations), art collectors, dealers and artists, among others.
WILLIAM L CHARRON
Pryor Cashman LLP
Bill Charron is a partner and co-chair of the art law practice at Pryor Cashman LLP in New York, where he represents both institutional and individual clients in a wide range of art authenticity, title and related matters. Bill has consistently been recognised as a Band I attorney in Chambers for art and cultural property law, and was recently named a ‘New York Trailblazer’ by the New York Law Journal for his groundbreaking work developing the Court of Arbitration for Art. Currently the president of the US arm of Professional Advisors to the International Art Market, a leading industry group, Bill also serves as an adjunct professor of art law at the University of Virginia School of Law.
TOM CHRISTOPHERSON
Constantine Cannon LLP
Tom Christopherson is a solicitor and consultant for Constantine Cannon LLP and Bonhams auctioneers, and was previously European General Counsel at Sotheby’s.
In the City of London, Tom worked at Freshfields Bruckhaus Deringer LLP and Withers LLP before moving to Sotheby’s and the art world in 1996. Tom is a consultant lecturer at Sotheby’s Institute of Art and a member of the executive committees of the British Art Market Federation and the Society of Fine Art Auctioneers and Valuers. Tom is a member of Professional Advisors to the International Art Market, a Past Master and current trustee for the Worshipful Company of Arts Scholars, chairman of the Treasures Committee of the Worshipful Company of Tylers and Bricklayers and a trustee of the Rolls Building Art and Education Trust.
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About the Authors
TALILA DEVIR
E Landau Law Offices
Talila Devir is an associate in the litigation department of E Landau Law Offices, and serves as a member of the firm’s cultural assets, art and restitution practice.
Talila joined the firm in 2019 after completing her internship in the Civil Division of the State Attorney’s Office. She graduated from the Hebrew University of Jerusalem with honours in law and international relations.
Talila’s practice focuses on litigation in civil and administrative law, particularly environmental and cultural property disputes.
During her law studies, Talila served as a teaching assistant in both torts and the course on Israeli and international law. Talila also coached the Hebrew University’s team for the Philip C Jessup International Law Moot Court Competition.
PATRICIA FERNÁNDEZ LORENZO
Ramón & Cajal Abogados
Patricia Fernández Lorenzo is an art and cultural property consultant at Ramón & Cajal Abogados. She has a law degree, specialising in the law of economics, an advanced studies diploma and a PhD in history. She combines her work at the firm with her teaching activities as honorary guest professor of modern and contemporary history at the Complutense University of Madrid.
As an academic researcher in the history of art collecting and patronage, she has recently published the biography, Archer M Huntington, The Founder of the Hispanic Society of America in Spain. She has also been an executive in the insurance sector and an associate director of the legal firm Belzuz Advogados in Lisbon. In the public sector, she has held the position of director-general of European affairs of the regional government of Bizkaia, with responsibilities for managing regional development funds, as well as the position of counsel of the venture capital firm Seed Capital and of the business incubator, Beaz Bizkaia. Patricia is a member of the European Research Network on Philanthropy and of several cultural associations. She has recently collaborated with cultural foundations, including the Francisco Giner de los Ríos Foundation and the Ortega y Gasset – Gregorio Marañón Foundation.
ANGUS FORSYTH
Angus Forsyth & Co
Angus Forsyth has represented a wide range of private and corporate clients in all aspects of company, M&A, regulatory law of insurance, securities and futures, immigration, intellectual property, information technology, advertising, personal data privacy and commercial and residential tenancy matters.
He has written articles and publications extensively on various topics covered under commercial law, trademark law, intellectual property law, personal data privacy protection under the law generally and on the internet and on the Electronic Transactions Ordinance.
Angus Forsyth was admitted as a solicitor in England in 1970 and in Hong Kong in 1971. He was one of the four original founders of the Hong Kong law firm of Stevenson, Wong & Co, established in 1978, and from which he retired in 2017.
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About the Authors
MARCÍLIO TOSCANO FRANCA FILHO
Marcílio Toscano Franca Filho is a professor of art law at the Federal University of Paraíba (Brazil) and a prosecutor in the prosecution office of the Audit Court of Paraíba, where he is head of the Task Force on Cultural Heritage Protection. He was a visiting professor at the law department of Turin University and a research fellow at Turin’s Collegio Carlo Alberto. Mr Franca is an alternate arbitrator at the Permanent Review Tribunal of Mercosur (Paraguay) and arbitrator at the Court of Arbitration for Art (the Netherlands) and at the World Intellectual Property Organization’s Arbitration and Mediation Center (Switzerland).
He has a PhD in comparative law (University of Coimbra, Portugal) with a post-doc in law (European University Institute, Florence, under the Calouste Gulbenkian Fellowship). He is a member of the Executive Council of the International Law Association (UK) and of the International Art Market Studies Association. He is involved in the 1995 UNIDROIT Convention Academic Project (Italy) and is a former senior legal adviser to the UN mission in Timor-Leste. He can be contacted by telephone (+55 83 3208 3368) or by email (mfilho@tce.pb.gov.br).
KATHARINA GARBERS-VON BOEHM
Büsing Müffelmann & Theye
Dr Katharina Garbers-von Boehm is a lawyer focusing on art law, intellectual property law and technology-related matters.
In her art law practice, her clients include family offices, private individuals, artists, galleries, art dealers and advisers, banks, corporate collections, artists’ heirs, collectors’ heirs and authors (advisory work and litigious matters as well as mediation). She has been recognised by Best Lawyers for art law since 2017 and is ranked in Band 1 of the Chambers HNW guide to art and cultural property law advisers.
She is a co-author of Praxishandbuch Recht der Kunst (C H Beck Verlag, 2019), for which she wrote chapters on looted art, export restrictions and auctions, as well as a chapter on financial transactions relating to artworks. In addition, she is a co-author of what is still the only commentary on the German Cultural Property Protection Act (C H Beck Verlag, 2018), for which she wrote the chapters on the import of cultural goods and on listing proceedings. Katharina has also published extensively in relevant journals.
She is a frequent speaker and panellist at international conferences (e.g., at the IBA’s Art, Cultural Institutions and Heritage Law Committee, at UIA’s art law committee, at the art law conference of the Venice Chamber of Arbitration and the annual conference of the German Arbitration Institute, as well as the art law conference of the Federal Bar Association).
For many years, her practice has included arbitration and mediation in different domestic and international matters in relation to intellectual property and art law. She was appointed to the original CAfA arbitration and mediation pools in January 2020.
She is a member of various legal and cultural national and international institutions, in some of which she has board functions. She was elected to the advisory board of a midsize industrial company in Germany in 2019.
Katharina’s educational background includes: law studies in Heidelberg and Berlin followed by a doctorate on the digitisation of museum archives; an LLM in international studies in intellectual property (Exeter and Dresden); a master of laws (specialisation in business law) from Paris II Panthéon-Assas University; and completion of the diploma in art law offered by the Institute of Art and Law (United Kingdom).
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LINE-ALEXA GLOTIN
UGGC Avocats
Line-Alexa Glotin, after initially gaining experience in an American firm, joined the tax and private client practice at UGGC, where she has been a partner since 2011. She advises private clients and institutions in a domestic and international context. She has extensive experience in assisting individuals, family businesses, family offices, charities, trustees and foundations, including art foundations, notably in regard to the transfer and restructuring of private assets and estate planning. Line-Alexa devoted her early years of practice to ‘general’ taxation, dealing with the full range of taxes and taxpayers, and assisting in restructurings and transfers of businesses. She then made the choice to advise managers and their families, foreign investors, artists and sportspersons in their private and professional projects. In this context, Line-Alexa developed a particular expertise in private internal law, tax and litigation. She is regularly contacted to advise and assist clients during international court proceedings, and tax litigation and controls, as well as for voluntary disclosures. She is a member of the International Academy of Estate and Trust Law, STEP and the International Bar Association. She publishes regularly and lectures in her field of expertise abroad in private client forums.
NIV GOLDBERG
E Landau Law Offices
Niv Goldberg is formerly collections manager of the Yad Vashem Museum of Holocaust Art. An expert on Holocaust art, Nazi-looted art and restitution, he is completing his final year of law school at the Hebrew University of Jerusalem.
Niv recently joined the firm of E Landau Law Offices, where he will be taking articles, and where he serves as a consultant to the cultural property, art and restitution practice in his field of expertise.
PHILIPPE HANSEN
UGGC Avocats
Philippe Hansen became a partner at UGGC Avocats in 2011. Philippe’s practice has expanded over the years to cover several fields and areas of activity. To his initial practice that focused on urban and spatial planning law, Philippe quickly added a specialisation in public property law, a subject he is passionate about and to which he dedicates much of his time. He also devotes a lot of work to railway law and railway regulations. Finally, Philippe is extremely active in art law, working primarily for public institutions and museums. In addition to his legal practice, he is a very frequent contributor to law journals. He is also the author of a book on public property and co-author of a book on art law.
MEIR HELLER
E Landau Law Offices
Meir Heller is a senior partner and heads the litigation department of E Landau Law Offices. Meir also serves as head of the firm’s cultural assets, art and restitution practice, which, in addition to serving a variety of private clients, including heirs of Holocaust victims, also represents Israel’s National Library and the Tel Aviv Museum of Art.
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Meir joined E Landau Law Offices in 1998. He was admitted to the bar in 1997, after graduating from the faculty of law at the Hebrew University of Jerusalem, where he has also completed master’s degrees in both business administration and law.
Meir has extensive experience in representing Israeli and international clients in complex litigation in a range of international and domestic matters, including energy and infrastructure, financing, commercial contracts, tenders, restitution of lost and looted art, inheritance, trusts, defamation, administrative law, real estate, environmental law, maritime law and private international law.
Meir is one of Israel’s leading experts on cross-border disputes and has represented clients in complex matters involving multiple jurisdictions, such as the United States, Canada, Germany, Italy, China, Switzerland, South Africa and the United Kingdom. He is often appointed by Israeli courts to administer large and complex estates with multiple heirs. Meir has an extraordinary record of success in the Israeli courts, including in complex appeals and precedent-setting cases before the Israeli Supreme Court.
Meir has lectured before the Israel Bar Association and other professional and topical forums on the subject of cultural assets and restitution.
ALEXANDER HERMAN
Institute of Art and Law
Alexander Herman is the assistant director of the Institute of Art and Law. Prior to this, he practised law in Montreal, Canada and worked with renowned art law barrister Norman Palmer QC CBE. He has written, taught and presented on an array of topics in relation to art and cultural property, including on art transactions, restitution, international conventions, copyright, exports and art collecting. His writing appears frequently in the press and he has been quoted widely on art law topics, including in The Guardian, the Art Newspaper, the New York Times (online), ArtNET, Bloomberg, Le Devoir, National Post and Globe and Mail. He helped develop a unique masters programme in the discipline – the Art, Business and Law LLM at the Centre for Commercial Law Studies at Queen Mary University of London – and currently serves as the programme’s co-director. Alexander regularly contributes on art law issues to the quarterly journal Art Antiquity and Law. You can follow him on the Institute of Art and Law blog and on Twitter at @artlawalex.
AUKE VAN HOEK
Bergh Stoop & Sanders
Auke van Hoek is an associate within the art law and intellectual property section of Bergh Stoop & Sanders. Auke earned his LLM degree in private law at Leiden University and studied at the Queen Mary University London for a semester where he completed IP and art history courses. During his LLM, he specialised in the area of intellectual property law, including writing a thesis on the moral rights of artists, for which he received an honourable mention at the International Association for the Protection of Intellectual Property symposium in the Netherlands in 2018. Auke has been practising as an attorney since June 2019.
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About the Authors
LAWRENCE M KAYE
Herrick, Feinstein LLP
Lawrence M Kaye is co-chair of the firm’s art law group. Larry has a diverse commercial art practice, advising dealers, collectors, artists, museums and estates in transactional matters, including the acquisition and sale of world-renowned works of art, art loan and exhibition agreements, Section 1031 (of the United States Internal Revenue Code) exchanges, insurance and authentication issues, and financings using art as collateral. Larry also represents a wide range of domestic and international clients in all types of complex art litigation and dispute resolution, including issues about authenticity and authentication, artist/dealer relationships and contractual disputes related to the purchase and sale of artworks. Larry has represented foreign governments, victims of the Holocaust, families of renowned artists and other claimants in the recovery of art and antiquities. Larry also advises and represents foreign governments in matters related to cultural property and, in that regard, among other things, served as legal adviser to the Republic of Turkey’s delegation to the diplomatic conference where the UNIDROIT Convention on the International Return of Stolen or Illegally Exported Cultural Objects was adopted. He has written and lectured extensively on mediation and arbitration of art law disputes.
GREGOR KLEINKNECHT
Hunters Law LLP
Gregor Kleinknecht is a German Rechtsanwalt and an English solicitor and partner at Hunters Law LLP, specialising in art and cultural heritage law. Having started his career at two leading international City of London law firms and at a US law firm, Gregor founded and led the award-winning boutique firm of Klein Solicitors before joining Hunters following the merger of the two firms in February 2014. Gregor is also a mediator and arbitrator with Art Resolve, the dedicated dispute resolution service for art and cultural heritage claims. He conducts both transactional and dispute resolution work for a wide range of national and international artists, collectors, galleries, dealers, auctioneers, art consultants, funding organisations and landed estates. Gregor also advises and has successfully acted for claimants in Holocaust restitution claims. He is recommended as a leading individual in art and cultural heritage law by the main legal directories. He chairs the board of the Professional Advisors to the International Art Market and is a member of numerous other professional and arts organisations. He frequently speaks and publishes on a wide range of legal topics.
VLADEK KRÁMEK
Havel & Partners
Vladek Krámek focuses on providing advice to private clients, the structuring of private property protection, and company, finance and capital markets law, including financial product regulations.
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About the Authors
LUCIE LAMBRECHT
Lambrecht Law Office
Lucie Lambrecht is the founder and managing partner of Lambrecht Law Office. She has been practising as a lawyer at the Brussels Bar since she obtained her law degree from the University of Leuven (KUL, 1986) and her master’s degree in law from the University of London (LLM, 1987).
Before she set up her own legal practice, Lucie worked at the banking and corporate practices of Linklaters’ and Allen & Overy’s Brussels offices for more than 20 years; she also worked as a lawyer in London for a couple of years. However, art law has always been Lucie’s main area of interest and she has further developed this since her time in London.
Lucie has been an independent adviser for the Flemish government for many years and was thus involved in the preparation of a number of pieces of important legislation in cultural property matters.
She has been a speaker at various legal seminars and has published diverse articles in specialist legal periodicals in her different areas of expertise.
She is a member of several professional associations and groups, including Collections Legal, the Institute of Art and Law, Professional Advisers to the Art Market, the Art Law Foundation and the Belgian Copyright Association.
Lucie has been a substitute judge at the Court of Appeal of Brussels since 2014. She was appointed as an arbitrator in the original arbitration pool of the Court of Arbitration for Art in January 2020.
JANINE LAPWORTH
Simpsons Solicitors
Janine Lapworth joined Simpsons Solicitors as a senior consultant after running her own entertainment law practice for several years. She has broad corporate, commercial, intellectual property, entertainment and litigation experience, gained at national and international law firms and in senior in-house legal positions at the Australian Broadcasting Corporation in Sydney and ESPN Star Sports in Singapore. She has worked with a wide range of clients based in Australia and overseas, including international studios, industry groups, tech start-ups and other creative businesses. In addition to her legal experience she brings both a practical and academic grounding in various art forms including music and dance. Her interest in the visual arts is long-standing and she has been a member of various gallery associations over many years. She is currently deputy chair of Australian Theatre for Young People.
Janine’s current areas of practice are diverse, from television production and distribution to publishing and general intellectual property advice and contracting.
Janine holds arts and law degrees from the Australian National University and a graduate qualification in book publishing from the University of Technology Sydney.
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MATVEY LEVANT
Levant & Partners Law Firm
Matvey Levant is managing partner of Levant & Partners Law Firm. Matvey graduated from the Smolensk Humanitarian University with a degree in civil law and from Smolensk Teachers’ Training University, Faculty of Philology.
Matvey is the author of Russian and foreign publications on Russian law and co-author of the monograph Procedural legal grounds for forensic expertise. Since 2001, he has been president of the International Legal Fund, which renders free legal assistance to social and religious organisations of national minorities. In 2008, Matvey was admitted to practise in New York. Matvey is a member of the Public Council within the Russian Patent Office.
RAFAEL MATEU DE ROS
Ramón & Cajal Abogados
Rafael Mateu de Ros, one of the founding partners of Ramón & Cajal Abogados, specialises in corporate and commercial law, corporate governance, and Spanish and international tax law, as well as litigation and arbitration. As a government lawyer, Rafael worked for several years for the Spanish Ministry of Economy and Finance, where he served as director of the Central Resource Service, head of the Technical Cabinet of the Sub-secretariat and deputy director general. Subsequently he focused his career on the private sector, acting as secretary to the board of directors and general counsel of diverse companies (Endiasa, Eniepsa, Hispanoil) and as secretary to the board of directors of Bankinter, where he currently serves as independent director and chairman of the Corporate Governance Committee.
Rafael is a permanent arbitrator of the Madrid Civil and Mercantile Arbitration Court and the Madrid Arbitration Court, and is a member of the Banking and Finance Arbitration Committee of the European Association for Arbitration. Rafael has authored numerous monographs and articles and frequently contributes opinions on legal and art issues in Spanish national newspapers such as El País, Cinco Días and Expansión.
SAMUEL MILUCKY
Constantine Cannon LLP
Samuel Milucky is a trainee solicitor at Constantine Cannon in London. Competition law, including antitrust litigation, dominates Samuel’s work. He assists the antitrust litigation, commercial litigation and art and cultural property groups in advising clients on a broad range of contentious and non-contentious matters. Samuel’s experience includes assisting teams advising art collectors, galleries and art financiers. Previously he also assisted teams advising (ultra) high-net-worth individuals and family offices. Prior to joining Constantine Cannon, Samuel acquired experience in regulatory aspects of competition law under the Blue Book Traineeship programme at the European Commission’s Directorate-General for Competition in Brussels. Samuel also interned at leading law firms in the CEE region, mainly in competition and corporate practices. Samuel holds an LLB from the University of Groningen and an LLM from University College London. He speaks Czech and Slovak.
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PETER MOSIMANN
Wenger Plattner
Peter Mosimann is a founding partner of Wenger Plattner, and has been of counsel with the firm since 2016. Mr Mosimann is a member of the intellectual property, art and entertainment law, and life sciences and health law teams. He has extensive experience in advising private and public sector arts and cultural organisations, as well as governments, on art law matters, including theatre, musicals, the visual arts, film and publishing. He advises companies on intellectual property issues, especially with respect to health law and life sciences. He is particularly adept at handling contentious work involving copyright and art law.
Mr Mosimann has been the chair of the Association of Copyright and Neighbouring Rights Users (1993–2014); chair of the Basel Art Museum (2008–2017); a lecturer at the law faculty of the University of Basel (IP law and art law) (2005–2014); a member of the board of the Swiss Foundation for Photography (since 1982); a member of the Swiss Federal Arbitral Commission on the Exploitation of Copyrights and Neighbouring Rights (1995–2011); and a legal adviser for the Union of Swiss Theatres (1981–2012).
He has authored, co-authored, edited or contributed to multiple publications, including Kultur Kunst Recht, Das revidierte Urheberrecht, Kunst & Recht Bulletin, Art & Law 2014, KUR 2018 and Fluchtgut – Geschichte, Recht und Moral.
KAMALA NAGANAND
Aarna Law
Kamala Naganand studied law at the University Law College, Bangalore and achieved her master’s degree in intellectual property law at the George Washington University Law School. Her principal practice areas are corporate advisory, intellectual property law, insolvency and bankruptcy and private client practice.
She started her career at her family-run law firm, Sundaraswamy Ramdas and Anand, after which she co-founded Justlaw. She went on to set up Aarna Law with her partner Shreyas Jayasimha. As managing partner, Kamala has initiated various measures to bring women back to the workforce, including flexible hours, working from home and maternity leave.
Kamala heads the intellectual property, media, technology and data protection practice, working on management of intellectual property, licensing and branding exercises for start-ups and companies. She has a passion for art and has been instrumental in building the firm’s art law practice.
With a keen interest in economics, Kamala has helped institutions establish and enforce codes of conduct prohibiting fraud. She has worked on internal investigations and asset tracing and recovery and has built a team within the firm that specialises in insolvency and bankruptcy.
Kamala has also been working on case management for large and complex arbitrations and disputes. She has advised high-net-worth individuals and private individuals, over the years, on succession. Kamala is a trained mediator and has represented clients as counsel in commercial mediations and is available to sit as a neutral.
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