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Who Chooses? Who Loses? Legal and Reputational Issues in Funding Public Art and Art Institutions

SKU: BUS6500N
Prof Practice
1
Price$50
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Description

*This course qualifies as a Transitional course and can be taken by both Experienced and Newly Admitted attorneys in NY.
Funding from art institutions comes from a variety of sources, both public and private. Ultimately, a donor and the institution or organization it funds becomes inextricably tied – mention one and people immediately think of the other. But what happens when that connection becomes detrimental? Can an institution legally remove a donor’s name? Can they remove a director? At what point is a donor or director’s reputation sufficiently damaging to provide legal cause for removal? What is the removal process in these instances? These and other issues will be discussed in this comprehensive CLE course which will present specific case studies and their resolutions.

Lecturer Bios

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.

Michele Bogart

Michele H. Bogart has taught art history and American visual culture studies at Stony Brook University since 1982. Bogart is author of Sculpture in Gotham: Art and Urban Renewal in New York (2018)(Reaktion Books); Public Sculpture and the Civic Ideal in New York City, 1890- 1930 (1989/1997), recipient of the 1991 Charles C. Eldredge Prize; Artists, Advertising, and the Borders of Art (1995); and The Politics of Urban Beauty: New York and Its Art Commission (2006). She was a talking head in the documentary on movie poster artist Reynold Brown ("The Man Who Drew BugEyed Monsters"), which aired on PBS television in July 1996; in the Norwegian television series “Cultural Disorder”; in the 2007 DVD documentary on Norman Rockwell, produced by Lucasfilm as part of its 12- volume “Young Indiana Jones” series; and in a November 2012 segment on public art for Kulturen på News, TV2 News, Denmark. She has been widely quoted in the New York Times, New York Post, Wall Street Journal, and Harper’s, and has published two invited op-eds about monuments in the New York Daily News. Bogart was a 2017-2019 Fellow at the Rockwell Center for Visual Studies at the Norman Rockwell Museum in Stockbridge, MA. She has held a Guggenheim Fellowship (2001) and was a Fellow of the Terra Foundation of American Art and Visiting Professor of American Art at the JFK Institut, Freie Universität von Berlin. She has also had fellowships from the National Endowment of the Humanities, the ACLS, the Winterthur Museum and Library, and the Smithsonian Institution’s Smithsonian American Art Museum. From 1999 through 2003 she was Vice President of the Art Commission of the City of New York (since renamed the Public Design Commission [PDC]), the City’s design review agency, and presently serves on the PDC’s Conservation Advisory Group. In spring 2020 she will be Leon Levy Fellow at the Center for the History of Collecting at the Frick, She received her MA and Ph.D. from the University of Chicago.

Jennifer Franklin, Esq.

Jennifer Franklin is Senior Counsel at Simpson Thacher & Bartlett LLP where she practices in the Exempt Organizations Practice. She advises a variety of international and domestic exempt organizations, including both private foundations and public charities, and has worked on transactional and tax matters, including the merger or dissolution of non-profit corporations, for private foundations and public charities. Jennifer has significant experience in the areas of charitable gift-planning, where she works with donor-advised fund and supporting organization structures and she also structures endowment fund gifts. Jennifer’s experience also includes art law, where she advises artist and collector foundations on governance and tax issues and individual and foundation donors on charitable gifts of works of art. Jennifer’s professional associations include membership with the ABA Section of Taxation’s Exempt Organizations Committee, where she currently serves as the Co-Chair of its Subcommittee on Small Tax-Exempt Organizations. Jennifer was named a John S. Nolan Fellow of the ABA Section of Taxation for 2002-2003 and served as the Secretary of the ABA Section of Taxation’s Exempt Organizations Committee from 2001-2003. Jennifer has also been a speaker on several panels at meetings of the ABA Section of Taxation’s Exempt Organizations Committee, discussing topics such as revisions to IRS Form 1023, Application for Recognition of Tax Exemption, the applicability of Circular 230 to exempt-organization practitioners, practical charitable-giving solutions involving the use of donor advised funds and the structuring of art gifts. Jennifer has spoken on a variety of exempt-organization topics at the New York City Bar Association, the New York Regional Association of Grantmakers, the AICPA’s National Not-for-Profit Industry Conference, the Western Conference on Tax-Exempt Organizations, the Georgetown Law Conference on Representing and Managing Tax-Exempt Organizations, the University of Texas School of Law Nonprofit Organizations Compliance and Internal Review Workshop and at programs sponsored by New York Lawyers for the Public Interest and Legal Aid Society of New York. Jennifer co-authored an article with David Shevlin entitled “Heading Into the Year- End: Issues for Donors and Charities to Consider When Making and Accepting Gifts of Restricted Stock,” published in the February 2002 edition of The Exempt Organization Tax Review. Jennifer also published an article entitled “Final Regulations Provide Guidance on the Treatment of Corporate Sponsorship Payments" in the July/August 2002 edition of Taxation of Exempts and wrote the “Letter Ruling Alert” in the July 2002 edition of The Exempt Organization Tax Review. More recently, Jennifer published an article entitled “Using a Donor Advised Fund for Charitable Giving” in the April 2012 edition of the Orange County Lawyer. Jennifer currently serves on the Board of Directors and as the Secretary of Good+ Foundation (formerly Baby Buggy), a charity dedicated to dismantling multi-generational poverty by pairing tangible goods with innovative services for low-income fathers, mothers and caregivers, and on the Advisory Council of the New York Landmarks Conservancy. She served on the Board of Directors of the Law Alumni Association of Duke University School of Law from July 2013 until June 2019. Jennifer earned her J.D. at Duke University, where she graduated magna cum laude, and earned her B.S. degree from Georgetown University, where she also graduated magna cum laude.

Dr. Sally Yerkovich

Sally Yerkovich is Director of Educational Exchange and Special Projects at The American- Scandinavian Foundation and Professor of Museum Anthropology at Columbia University. She holds an M.A. and Ph.D. from the University of Pennsylvania. Ms. Yerkovich serves as the Chair of the International Council of Museums (ICOM) Ethics Committee as well as the Professional Standards and Ethics Committee of the American Association of State and Local History (AASLH). Author of A Practical Guide to Museum Ethics, her work, which draws upon more than thirty years of leadership experience, is increasingly engaged with how museums will face the ethical challenges of the future. A cultural anthropologist with experience in museums and cultural institutions in New York and Washington, DC, she held leadership positions at the National Endowment for the Humanities, National Endowment for the Arts, South Street Seaport Museum, and Museum of the City of New York. She was president and CEO of The New Jersey Historical Society, Executive Director at the Museum for African Art, and first president of the Tribute NYC Museum. She also worked with cultural organizations in Central and Eastern Europe leading interactive workshops on best practices for the Fund for Arts and Culture. She currently sits on the Board of Trustees of the Merchant’s House Museum in New York City.

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