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8th Annual Art Litigation and Dispute Resolution Practice Institute

SKU: BUS1400N
Total Credits
6 - 7.5
Price$250
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Description

For the 8th consecutive year, join us for this special program which brings together a diverse roster of speakers ranging from artists, art consultants, appraisers, members of the bench, bar, museums, art galleries, auction houses, to government officials and members of non-profit organizations as they discuss the most relevant legal issues affecting the art world today.

  • Welcome and Introduction
  • Challenges Faced by Claimants Navigating the World of Holocaust Art Restitution
  • Wallflowers: Equal Pay, Equal Wall Space
  • Overview: What’s New in Art Law – 2015 Update
  • Keynote Panel: Mediation And The Art of Bankruptcy
  • Amicus Briefs in Art Law Cases
  • Art and Charitable Foundation Governance: The Cautionary Tale of the NAC

Lecturer Bios

Raymond J. Dowd, Esq.

Raymond J. Dowd is a member of Dunnington Bartholow & Miller’s litigation and arbitration, and intellectual property and art law practice groups. He has broad commercial litigation experience in both federal and state trial and appellate courts, representing both plaintiffs and defendants in copyright and trademark, and domain name owners and content providers in litigation and arbitration. Representations include conducting bench and jury trials, arbitrations and administrative proceedings, emergency applications for injunctive relief, quashing subpoenas, obtaining, enforcing and collecting judgments. Trust and estates matters include contested probate proceedings through trial, disputes involving heirship and decedents’ estates. International litigation includes conducting depositions in Canada, France and Switzerland, pursuing discovery through letters rogatory, obtaining service of process in foreign countries and obtaining and challenging foreign experts. Mr. Dowd’s corporate counseling includes corporate and transactional work for entrepreneurial companies, including international licensing. Mr. Dowd also counsels art owners and dealers, including transactional representation, UCC filings, tracking and recovering stolen art and handling disputes involving provenance, authenticity and theft. Trademark counseling services include registration, policing and enforcing rights of trademark owners and users. Counseling political candidates includes election day onsite monitoring, poll access challenges, signature challenges and matters involving election law and political campaigns. Mr. Dowd petitioned successfully for the removal of the co-executors of American Tobacco heiress Doris Duke’s estate and upheld the first honorary pet trust challenged in New York history, obtaining a $100,000 trust for heiress Doris Duke’s dogs. Mr. Dowd’s recent lectures include “Conflicts of Law in Art Disputes” (Art Litigation and Dispute Resolution Institute, New York County Lawyers’ Association, 2008); “Murder, Mystery and Egon Schiele’s Dead City: Swiss Laundering of Stolen Austrian Art” (Jewish Museum, Berlin Germany); “Fritz Grunbaum’s Art Collection: Legal Obstacles to the Recovery of Stolen Art” (Prague Conference on Holocaust-Era Assets, Czech Republic); “U.S. Copyright Law for the Non-U.S. Lawyer” (Montreal and Quebec City Canada and Berlin, Germany); “Copyright Litigation” (New York County Lawyers’ Association, 2005); “International Copyright: Foreign Copyrights in U.S. Courts” (New York County Lawyers’ Association, 2008); “When Art Meets Commerce, What Happens?” (Copyright Society of the U.S.A., Boston, San Francisco and Philadelphia Chapters), Federal Bar Association (Connecticut, Minneapolis and New Orleans Chapters); and “Nazi Art Looting” (Federal Bar Association Cleveland Chapter). Mr. Dowd is the Vice President for the Second Circuit of the Federal Bar Association, is on the Editorial Board of The Federal Lawyer Magazine and was President of Southern District of New York Chapter. Additionally, Mr. Dowd is a member of the Copyright Society of the U.S.; New York State Bar Association, Commercial and Federal Litigation Section and Intellectual Property Law Section; and New York County Lawyers’ Association where he served on the Board of Directors as Co-Chair, Entertainment Media, Intellectual Property and Sports Law Section and on the Continuing Legal Education Committee. He is also a member of the National Arts Club. Mr. Dowd’s recent publications include Copyright Litigation Handbook, a Thomson West publication and Copyright Litigation Blog. He is a contributor of the New York Law Journal. Mr. Dowd is admitted to practice law in New York State, the U.S. District Court for the Southern and Eastern Districts of New York, Northern U.S. Court of Appeals for the Second Circuit, U.S. Supreme Court, U.S. District Court for the Northern District of New York, U.S. Tax Court and U.S. Court of International Trade. Mr. Dowd Received his Bachelor of Arts from Manhattan College and his Juris Doctorate from Fordham University School of Law, where he was the Articles Editor for the Fordham International Law Journal. Mr. Dowd is fluent in French and Italian.

Hon. Barbara Jaffe

Justice Barbara Jaffe received her BA, cum laude, from Syracuse University, as well as her MA, for which she was awarded a graduate fellowship to study Italian Renaissance Art in Florence, Italy. She then spent several years in the wholesale antiques business in Manhattan and received her JD from Brooklyn Law School in 1984. Justice Jaffe was elected to the New York City Civil Court in 2001, and was appointed to the New York State Supreme Court in 2009. She presides in a city part, an IAS part, and a part where she tries matrimonial and asbestos-related cases. Before her election, she served as principal court attorney to Justice Marcy L. Kahn and before that, to Justice Jay Gold. Following law school, she was associate appellate counsel with The Legal Aid Society’s Criminal Appeals Bureau. A long-time member of NYCLA, Justice Jaffe is a founding faculty member of its Art Litigation and Dispute Resolution Institute and co-chaired its Civil Court Practice Section. She presently sits on NYCLA’s Pro Bono Committee, Supreme Court Committee, and Committee on Lesbians, Gays, Bisexuals, and Transgendered Issues. At the New York City Bar Association, Justice Jaffe represented the City Bar as a Delegate to the New York State Bar Association’s House of Delegates, and has served on the City Bar’s Committee on Nominations, Art Law Committee, Committee on Civil Court, Committee on Criminal Law, and Special Committee on Public Service and Education. She is presently a member of its Special Committee on Capital Punishment. She also chaired a joint committee composed of members of the City Bar and NYCLA which produced, in six languages, the “New York State Criminal Justice Handbook.” At the New York State Bar Association, Justice Jaffe serves on the Entertainment, Art, and Sports Law Section’s Executive Committee. For the New York Women’s Bar, Justice Jaffe co-chairs the Professional Ethics and Discipline Committee, and has served on its Board. She also co-chaired the Legislative Committee and the Criminal Law Committee of the Women’s Bar Association of the State of New York, and is a Past President of the Association of Arbitrators of the Small Claims Court. Justice Jaffe is delighted to moderate her fifth panel for the Institute.

Hon. Stephen G. Crane

Hon. Stephen G. Crane (Ret.) was the Senior Associate Justice of the Appellate Division, Second Department and has served as a Justice of the Supreme Court, New York County since 1984. Justice Crane presided as one of the New York County Justices in the Commercial Division handling complex commercial cases from 1995 to 2001, and Administrative Judge, Civil Branch, Supreme Court, New York County from 1996 to 2001. Widely respected for being knowledgeable, thoughtful, and fair, Justice Crane is most comfortable in the middle of conflict, helping parties sort out their problems and reach an amicable resolution. He is currently a Mediator at JAMS and was Voted Best Mediator, Financial Markets, New York Law Journal’s “Best of” Survey, 2012. He is the recipient of numerous awards including the Robert L. Haig Award for Distinguished Public Service, New York State Bar Association; Louis J. Capozzoli Gavel Award, New York County Lawyers’ Association; Distinguished Service Award, Law Secretaries & Law Assistants Collegium; Harold A. Stevens Jewel Award, New York County Lawyers’ Association–Tort Section; and Jack Newton Lerner Award for Contributions to Continuing Legal Education, New York County Lawyers’ Association. He holds a J.D., with distinction, Cornell Law School, 1963 and a B.S., Cornell University, 1960. Judge Crane’s professional affiliations include: • Past President, Cornell Law Association and Past Chair, Cornell Law School Advisory Council; • Past Member, Pattern Jury Instructions Committee of the Association of Supreme Court Justices of the State of New York. • New York County Lawyers’ Association, Co-Chair, Institute on Continuing Legal Education, Chair, History Committee, Member, Board of Directors, Cromwell Awards Committee, Past Member: Executive Committee, Criminal Justice Section (founding co-chair) • New York State Bar Association, Immediate Past Chair, Committee on Civil Practice Law and Rules; Member: Commercial and Federal Litigation Section Executive Committee, Dispute Resolution Section Executive Committee; Former Member, House of Delegates; Fellow, New York State Bar Foundation; Member of former Commission on Legal Services for the Middle Income • Association of Trial Lawyers of America and New York State Trial Lawyers Association • New York Regional Board and Executive Committee, Anti-Defamation League • National Center for State Courts: Project Advisory Committee for A Manual for Managing Notorious Cases, 1990-1992 Association of Justices of the Supreme Court of the City of New York and Association of Justices of the Supreme Court of the State of New York • Member, Board of Justices, First Judicial District • Former Chair, Board of Trustees, New York County Public Access Law Library • Museum Memberships: The Guggenheim Museum; The Metropolitan Museum of Art; The Museum of Modern Art; The Museum of Arts and Design; The Whitney Museum of American Art; The United States Holocaust Memorial Museum; The Museum of Jewish Heritage; Frank Lloyd Wright Association • Member, New York State Dispute Resolution Association

Hon. Frederic Block

United States District Court Judge for the Eastern District of New York Born 1934 in Brooklyn, NY Federal Judicial Service: Judge, U.S. District Court, Eastern District of New York Nominated by William J. Clinton on July 22, 1994, to a seat vacated by Eugene H. Nickerson. Confirmed by the Senate on September 28, 1994, and received commission on September 29, 1994. Assumed senior status on September 1, 2005. Education: Indiana University, A.B., 1956 Cornell Law School, LL.B., 1959 Professional Career: Clerk, Supreme Court of the State of New York, Appellate Division, 1959-1961 Private practice, Patchogue, New York, 1961-1962 Private practice, Port Jefferson, New York, 1962-1968, 1974-1977, 1979-1981, 1983-1985 Private practice, Centereach, New York, 1968-1974 Private practice, Smithtown, New York, 1977-1979, 1981-1983, 1985-1994 Adjunct professor, Touro Law School, 1992-

Judd B. Grossman, Esq.

Judd Grossman is the Founder and Managing Partner of Grossman LLP. Judd represents plaintiffs and defendants in a wide range of complex commercial cases, including securities, insurance, antitrust, and art-related disputes in state and federal trial and appellate courts throughout the country. Prior to founding Grossman LLP, Judd was a Counsel in the securities litigation practice group of O’Melveny & Myers LLP, one of the country’s premier litigation firms, before joining the Dontzin Law Firm LLP, an international litigation boutique. Judd has been involved in several high-profile art cases, including an art-forgery litigation against the Knoedler Gallery and its former director relating to the $17 million purchase of an allegedly counterfeit Jackson Pollock painting, and an action on behalf of a prominent New York art gallery against a Carnegie Museum trustee arising out of the sale of a Peter Doig painting. Judd serves as Chair of the Art Law Committee of the New York County Lawyers’ Association, and he is a member of the Art Law Committee of the Association of the Bar of the City of New York, where he is Chair of the Title Subcommittee. For each of the past two years, Judd was named a New York Super Lawyers “Rising Star” for Litigation. Judd graduated cum laude from the University of Pennsylvania, where he also received his law degree. Following law school, he served as a law clerk to the Hon. Jerome B. Simandle, currently the Chief Judge for the United States District Court for the District of New Jersey. Judd lives in Manhattan with his wife, Meredith, who is an attending physician in the Pediatrics Department of Mount Sinai Hospital, and their daughters, Eliza and Sydney. He currently serves on the Board of Directors of Urban Arts Partnership, a nonprofit organization in New York that advances the academic and social development of underserved public-school students through arts-integrated education programs.

Hon. Robert A. Katzmann

Robert A. Katzmann is the Chief Judge for the U.S. Court of Appeals for the Second Circuit. He became Chief Judge on September 1, 2013. At his appointment in 1999, he was Walsh Professor of Government, Professor of Law and Professor of Public Policy at Georgetown University; a Fellow of the Governmental Studies Program of the Brookings Institution; and president of the Governance Institute. A lawyer and political scientist by training, Judge Katzmann received his A.B. (summa cum laude) from Columbia College, A.M. and Ph.D in government from Harvard University, and a J.D. from the Yale Law School, where he was an Article and Book Review Editor of the Yale Law Journal. After clerking on the U.S. Court of Appeals for the First Circuit, he joined the Brookings Institution, where he was a research associate, senior fellow, visiting fellow, and acting program director. His books include: Regulatory Bureaucracy: The Federal Trade Commission and Antitrust Policy; Institutional Disability; Courts and Congress; editor and project director of The Law Firm and the Public Good; co-editor of Managing Appeals in Federal Court; editor and contributing author of Daniel Patrick Moynihan: The Intellectual in Public Life; and editor and contributing author of Judges and Legislators. He currently chairs the U.S. Judicial Conference Committee on the Judicial Branch. Judge Katzmann received the American Political Science Association's Charles E. Merriam Award. He is also the recipient of: the Learned Hand Medal for Excellence in Federal Jurisprudence of the Federal Bar Council; the Chesterfield Smith Award of the Pro Bono Institute; the Stanley H. Fuld Award of the New York State Bar Association; the Michael Maggio Memorial Pro Bono Award of the American Immigration Lawyers Association; the Public Interest Scholarship Organization Lifetime Achievement Award; and the Green Bag's "Exemplary Legal Writing" honoree recognition. His lectures include: the James Madison Lecture of New York University School of Law; the Orison Marden Lecture of the NYC Bar Association; and the Robert L. Levine Distinguished Lecture of Fordham University School of Law. He is a Fellow of the American Academy of Arts and Sciences.

Edward McGlynn Gaffney, Jr. Esq.

Edward McGlynn Gaffney, Jr. is a Professor of Law at Valparaiso University Law. He teaches courses on: Appellate Advocacy; Ethics; Constitutional History; Constitutional Law; Communications Law; Comparative Law (English Legal Institutions); Criminal Law and Procedure; International Law and the Use of Force; International Humanitarian Law and Genocide; Jurisprudence; Legal History; Legal Profession; Media Law; Religious Freedom; and Remedies. His scholarly works include Brief for Rutherford Institute et al. as Amici Curiae Supporting Petition for Writ of Certiorari, Am. Coal. of Life Activists v. Planned Parenthood of the Columbia/Willamette, Inc. and Brief for Consistent Life Network et al. as Amici Curiae Supporting Petitioners, Scheidler v. Nat’l Org. for Women. His professional activities include: Commonweal, Columnist; Catholic Worker House of Hospitality, Los Angeles; Christian Legal Society. Board of Directors. (1992-1998); Journal of Law and Religion. Board of Editors and Book Review Editor. (1982-2001); AALS Section on Law and Education. Chair. (1979-2001); AALS Section on Law and Religion. Chair. (1979-1981); Scholars’ Group, Center for Church-State Studies, De Paul University College of Law (1980-2001); International Academy of Church-State Scholars. Fellow. He received an LLM from Harvard Law School, an MA and JD from Catholic University of America, and a BA from St. Patrick’s College.

Virginia Rutledge, Esq.

Virginia Rutledge is an attorney with experience across many sectors of the media and content industries, in both commercial and nonprofit contexts. She began her legal career as a litigator at Cravath, Swaine & Moore LLP, representing major clients including Time Warner Inc. and Warner Music Group, as well as the Martha Graham Center of Contemporary Dance. From Cravath she joined the nonprofit Creative Commons as Vice President and General Counsel, serving as lead legal advisor and working on strategic development. Currently she is in private practice based in New York, focusing on the contemporary arts and advising artists, collectors, dealers and cultural organizations. Virginia is also an art historian, and was formerly a curator for the Los Angeles County Museum of Art. She speaks frequently on art and law, and has written for Art in America, Bookforum and Artforum. Virginia is a member of the New York State Bar, and a past chair of the Art Law Committee of the New York City Bar Association. She holds a J.D. from the University of California at Berkeley School of Law (Boalt Hall), and an M. Phil. in Art History from the City University of New York’s Graduate School and University Center.

Kevin P. Foley, CPA

Kevin P. Foley, CPA, is a partner with the accounting firm of Condon O’Meara McGinty & Donnelly LLP. Kevin is a member of the American Institute of Certified Public Accountants, New York State Society of Certified Public Accountants (NYSSCPA) and Hospitality Financial and Technology Professionals (HFTP). Kevin has worked with not-for-profit organizations for over 25 years and currently serves on the Board of the Support Center for Nonprofit Management; as the Treasurer of the Faith Home Foundation and is a member of the Community Impact Council of the United Way of Long Island. Kevin has previously served on the NYSSCPA’s Accounting for Nonprofit Organizations Committee and is a former Vice President of the Westchester/Fairfield County Chapter of the HFTP. Kevin has spoken to various not-forprofit associations on topics such as fraud and defalcations, internal controls, budgeting, endowment funds, accounting and internal control procedures manuals and accounting updates. Kevin has also written client memorandums on notfor-profit issues and is responsible for the firm’s annual survey of not-for-profit organizations. Kevin earned a Bachelor of Business Administration from Hofstra University

Roland G. Riopelle, Esq.

Mr. Riopelle is a partner in the firm of Sercarz & Riopelle, LLP, where he litigates primarily criminal cases and a variety of complex civil cases. He is a graduate of the Boalt Hall School of Law. After law school, Mr. Riopelle clerked for a Federal District Judge and later served as an Assistant United States Attorney in the Southern District of New York from 1992 to 1998. He is a member of the American College of Trial Lawyers, and has been elected one of the Best Lawyers in America and a New York Superlawyer for each of the past seven years. Mr. Riopelle is the vice-president of the New York Council of Defense Lawyers, and he is an active member of the National Association of Criminal Defense Lawyers. He is an active member of the New York State Bar Association and the Association of the Bar of the City of New York, where he has chaired the Criminal Advocacy Committee, served on the Judiciary and Criminal Courts Committees. Mr. Riopelle is a frequent lecturer at Continuing Legal Education courses, most often speaking on matters related to evidentiary rules, trial advocacy and substantive criminal law and securities law. Mr. Riopelle is also a member of the Disciplinary Committee for the First Judicial Department in New York State, where he chairs a panel that hears professional disciplinary matters relating to attorneys admitted to practice in the First Judicial Department of New York State.

Hon. Loretta A. Preska

Loretta A. Preska is the chief judge for the United States District Court for the Southern District of New York. She joined the court in 1992 after being nominated by President George H.W. Bush. Preska became the chief judge of the court in May of 2009 when Kimba Wood assumed senior status. Prior to her judicial appointment, Preska worked in private practice. From 1973-1992 Judge Preska was in private practice in New York City with Cahill Gordon & Reindel LLP and Hertzog Calamari & Gleason LLP, which would later be absorbed by Winston & Strawn LLP. She graduated from the College of St. Rose with her bachelor’s degree in 1970 and graduated from Fordham Law with her J.D. degree in 1973. She graduated from New York University School of Law with her Master of Laws degree in 1978.

Alfredo R. Pérez, Esq.

Alfredo R. Pérez is a partner in the Business Finance & Restructuring Department of Weil, Gotshal & Manges, and is the managing partner of the Firm’s Houston office. Mr. Pérez concentrates his practice in the representation of Chapter 11 debtors and other diverse interests, including secured creditors and committees, in all aspects of corporate and municipal restructurings, formal bankruptcy proceedings and out-of-court workouts. Mr. Perez has represented numerous acquirers and potential acquirers of assets from bankruptcy estates and companies in financial distress as well as parties in preference and fraudulent conveyance litigation. Mr. Pérez has played a lead role in many major bankruptcies including American Airlines, City of Detroit, WorldCom, Lehman, Idearc, Qimonda, BearingPoint, Express Energy, US Shipping, Encompass, Cajun Electric, TransTexas Gas, Kitty Hawk, First Wave Marine, Xacur, Global Marine, Insilco and TransAmerican Natural Gas. Spanish is Mr. Pérez’s native language. He has worked extensively on transnational matters and lectures frequently on bankruptcy issues related to his practice. Mr. Pérez is a Fellow of the American College of Bankruptcy. He is past chair of the Bankruptcy Section of the Houston Bar Association and past president of the Insolvency Working Group of the Union Internationale des Avocats. He is also a member of various professional associations including the ABI, INSOL and the TMA.

Lawrence M. Kaye, Esq.

Lawrence M. Kaye is Partner and Co-chair, Art Law Group at Herrick, Feinstein LLP where he represents a wide range of domestic and international clients in complex litigations and commercial transactions. Among Larry’s other accomplishments, he is noted for his representation of foreign governments, victims of the Holocaust, families of renowned artists and other claimants in connection with the recovery of art and antiquities. Larry was a lead attorney in the landmark case of Federal Republic of Germany v. Elicofon, in which two early masterpieces by Albrecht Durer, stolen at the end of the Second World War, were recovered and returned to the Weimar Art Museum. He represented the Republic of Turkey in its successful efforts to recover the fabled Lydian Hoard antiquities, long held by the Metropolitan Museum of Art, and some 1,800 ancient Greek and Lycian coins which Connoisseur Magazine called “The Hoard of the Century.” Larry successfully represented the heirs of the Russian artist, Kazimir Severinovich Malevich, in connection with their claims against New York’s Museum of Modern Art, Harvard University’s Busch-Reisinger Museum, and the City of Amsterdam’s Stedelijk Museum. He presently represents many museums, collectors and foreign governments in connection with a variety of cultural property matters. Larry served as the Legal Advisor to the Republic of Turkey’s delegation to the Diplomatic Conference held in Rome in June 1995, at which the UNIDROIT Convention on the International Return of Stolen or Illegally Exported Cultural Objects was adopted. He writes and lectures extensively on international art litigation and the repatriation of cultural property. He has presented papers at numerous academic and business symposiums, including, among others, forums sponsored by the Tel Aviv Museum of Art, the All-Russia State Library for Foreign Literature in Moscow, the United Kingdom Institute for Conservation, the American-Turkish Council, the Institute of International Business Law and Practice, Lloyd’s of London Press, the American Bar Association, the Association of the Bar of the City of New York, Columbia University, Brown University, University of Pennsylvania, Bard College, New York University, Princeton University, the American Institute of Archaeology, and many law schools, including Harvard, Villanova, Fordham, Texas Tech, Rutgers, Cardozo, Willamette and the University of Texas. While pursuing his law degree, Larry was Editor-In-Chief of the St. John’s Law Review and did his undergraduate work at the University of North Carolina. He has served two terms as a member of the Association of the Bar of the City of New York’s Art Law Committee and was the Program Chairman for their Cultural Property Roundtable in November 1996.

Howard N. Spiegler, Esq.

Howard N. Spiegler is the co-chair of Herrick, Feinstein’s International Art Law Group, which handles all aspects of commercial art matters, both in the litigation and transactional areas. He has been involved in several of the best known and most important litigations brought on behalf of foreign governments and heirs of Holocaust victims and others to recover stolen artwork or other cultural property, including the settlement of the long-standing litigation brought on behalf of the Estate of Lea Bondi Jaray to recover a Schiele painting confiscated by a Nazi agent in Austria in the late 1930’s, which resulted in the recovery of the full value of the painting by the Estate. Howard was also involved in the recovery by the heir of the famous Jewish art dealer Jacques Goudstikker of 200 Nazi-looted artworks from the Dutch Government; recoveries on behalf of the Republic of Turkey of numerous valuable antiquities; and the action brought on behalf of the heirs of Kazimir Malevich, the world-renowned 20th Century Russian artist, to recover Malevich artworks from the City of Amsterdam, the Netherlands, the resolution of which resulted in the recovery by the heirs of five important and valuable Malevich paintings, one of which sold at auction at Sotheby’s for $60 million, and another of which was sold to the Art Institute of Chicago. Howard handles all types of art transactions, often with the assistance of other attorneys at Herrick, including counseling its clients on international trade issues, loans, museum and private exhibitions, organizing and structuring business entities, trust and estate matters, insurance issues, tax questions, criminal law concerns, and other matters. He received a J.D. degree from Columbia Law School and did his undergraduate work at University of Pennsylvania.



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