After a four-year legal battle, famed artist Jeff Koons has defeated a copyright lawsuit by another artist whose artwork was incorporated into a 1990 Koons project; earlier this spring, a federal judge held that plaintiff had waited too long to sue and his claims were time-barred.  

The Second Circuit Court of Appeals has weighed in on a dispute between the Art Institute of Chicago and the heirs of a Holocaust victim, over an artwork by famed Expressionist artist Egon Schiele. 

President Trump’s recent trade tariffs on Canada, Mexico, and China have led to major disruptions in the global art market, increasing costs and uncertainty in international art transactions. 

A report from the U.S. Copyright Office and a recent federal court decision are adding to the already complex legal landscape in which artificial intelligence (AI) tools are rapidly evolving.  These new developments are relevant to anyone interested in how AI is changing the creative arts and copyright law.

A team of experts is investigating a painting bought for under $50 at a garage sale, believing it to be an undiscovered portrait by Vincent van Gogh.  The story illustrates some of the newest methods—and thorniest challenges—of authenticating art.

Grossman LLP is picking up right where it left off last year, securing two significant victories last week in New York federal and state court art-related disputes. 

2024 was another exceptional year for Grossman LLP, as we advanced our decade-plus legacy of trailblazing work in the field of art law, successfully representing our clients in a variety of complex litigation and transactional matters.

In a special segment of The Baer Faxt Live from Art Basel Miami Beach, Judd Grossman recorded live with Josh Baer from the Miami Beach Convention Center on the fair's VIP opening day.

Grossman LLP is pleased to welcome Emily Andersen and Jacquie Jakimowicz to our growing practice. 

Last month, a New York court dismissed a lawsuit by the former president of the board of directors of the Helen Frankenthaler Foundation, in a case focused on allegations of misconduct and self-dealing by the Foundation’s board members.  The court did not substantively analyze the merits of the plaintiff’s claims, but the case highlights the importance of clear and thoughtful governance procedures and standards for art-related not-for-profit organizations.

​After more than four years of litigation, a federal judge has delivered our team a total victory, ruling that our client holds full title to the multimillion-dollar Basquiat painting at the center of disgraced art dealer Inigo Philbrick’s massive fraud.  

A recent dispute over a one-of-a-kind Wu-Tang Clan album highlights some of the potential challenges inherent in ownership of digital art.  The suit was initiated by PleasrDAO, an international entity that collects important works of digital media, against disgraced former American pharmaceutical executive Martin Shkreli.

A recent federal court decision illustrates some of the challenges inherent in commissioning outdoor environmental artwork; the difficulties parties face in making sure that both the art and their contracts will withstand the test of time; and the limitations of the Visual Artists Rights Act of 1990 (VARA).

In a move that may cause ripples in the competitive art world, the Federal Trade Commission recently issued a final rule that, if it goes into effect as planned later this year, will ban most forms of non-compete agreements between employers and employees. 

A years-long dispute over an alleged “Rothko” forgery has culminated in a total victory for our client, a distinguished New York art dealer.

Last week, the Appellate Division of the New York Supreme Court, First Department, issued a unanimous 5-0 decision reversing the trial court’s denial of summary judgment and handing Grossman LLP a total win for its clients in a real-estate litigation that had been pending for over 10 years.

We have written before about the many legal questions raised by new and rapidly-proliferating artificial intelligence technology.  In recent weeks, there have been significant developments in AI-related litigation across the country.  As the new year began, the New York Times instituted a lawsuit alleging copyright infringement of its news content by ChatGPT.  In February, a federal judge trimmed the scope of a group of lawsuits challenging the use of books to “train” AI.  And multiple competing class actions are jostling to determine which one will proceed first.  These lawsuits promise to raise difficult questions about how our existing copyright regime should apply to the brave new world of content generated by AI. 

 

This past year was an exciting one for Grossman LLP, as we continue to build on more than a decade of groundbreaking litigation in the art-law arena.

Grossman LLP associate Maria Angela Brusco recently spoke on a panel at the Art Law Institute of the New York County Lawyers’ Association (NYCLA), focusing on the legal implications of collectors’ promises to make gifts of artworks in the future.  Below, she summarizes some key insights from the event.

In June of 2022, on the shore of Lake Michigan, a fire destroyed the lake house of hedge fund founder Matthew Halbower and his wife Julie.  Now, in a lawsuit pending in federal court, the family’s trust seeks an insurance payout for several valuable artworks destroyed in the fire, including four Monet paintings.  The case highlights the complexity of insurance disputes involving fine art.