We’ve written before about conceptual artist Cady Noland, whose works command huge prices in the market, but who has a history of being highly particular about how her creations are installed, maintained, exhibited, and sold on the secondary market.  This tendency has resulted, on at least two recent occasions, in litigation over her disavowal of previous works.  Now, both cases have been resolved, but without significant judicial examination of the contours of an artist’s right to disavow her own creations.

The art world is watching with concern the unfolding story of a fake Frans Hals painting; facts are still developing as of this writing, but it’s possible that the work may not be an isolated forgery but rather the harbinger of a larger group of well-executed fakes that could shake up the Old Master market.

The South Korean Ministry of Culture, Sports and Tourism has passed new legislation imposing strict regulations on art transactions.  The law is intended to increase transparency in the art market by requiring more documentation, and establishing regulatory bodies to oversee the authentication of artworks and investigation of forgeries.  The law may be implemented as early as August 2017.

A disgruntled client’s claims against the Elliot Stevens Gallery and its executive are headed to trial this fall in a dispute involving the client’s purchase of a group of sculptures.

Back in August, the New York Times ran a story about a heated dispute between actor Alec Baldwin and gallerist Mary Boone over a painting by Ross Bleckner.  Baldwin has now commenced a lawsuit in New York state court against Boone and her eponymous gallery, claiming that she defrauded him into buying a different version of the painting he wanted.  See Docket No. 654807/2016 (Sup. Ct. N.Y. Co.).

Two pending cases present opposite but equally curious issues of art authentication by a living artist.  In one, the artist Peter Doig is being sued because he disavowed authorship of a work that a collector says is by Doig; in the other, an artist claims authorship over works that another man claims to have forged.  Both cases pose interesting questions about who, if not the artist, is the final say on whether an artwork is by the artist’s hand.

After much legal wrangling, a jury heard testimony last month in the first civil trial arising out of the art forgery scandal that took down one of New York’s most prominent galleries.  The story began in 2011 when word spread that, over the course of more than a decade, the once-venerable Knoedler Gallery had sold about $60 million worth of artworks—purported to be by Pollock, Motherwell, Rothko, de Kooning, and other giants of the Abstract Expressionist movement—that later turned out to be forgeries.  Since then, more details have emerged.

Back in 2013, this blog covered the dismissal of a libel case against the New Yorker over its portrayal of an art authenticator.  The Second Circuit has now affirmed that decision, signaling the likely end of this dispute—even as the art world continues to struggle with the complex problem of authentication.

This blog has previously covered the case of Bilinski v. Keith Haring Foundation, Inc., a federal lawsuit filed last year in the Southern District of New York.  Collectors of artworks they believe to be by famed artist Keith Haring, sued the artist’s foundation claiming that it had improperly denied authentication, thereby damaging the value of their holdings.  This past spring, a federal judge dismissed the plaintiffs’ claims in a decision that explored some of the complex legal issues posed by artist foundations and authentication boards.  The Second Circuit has now affirmed that ruling.

Conceptual sculptor and artist Cady Noland’s works have garnered international acclaim and set records at auction.  She has also, however, received attention for her complex and sometimes-fraught relationship with her past works.  Last fall, she pointedly refused to endorse a show containing some of her work, and she has in the past expressed her concerns with how her creations are installed, maintained, exhibited, and sold on the secondary market.  Her vigorous oversight of works has even resulted in litigation.  Last week, her purported disavowal of one of her works that had been restored without her permission sparked a new lawsuit, and raised more questions about the scope of an artist’s right to disclaim authorship of her own works.

This blog has covered several stories about authentication disputes, including a post about the case of Bilinski v. Keith Haring Foundation, Inc., a federal lawsuit filed last year.  The plaintiffs there, collectors of works they believe to be by famed artist Keith Haring, sued the artist’s foundation for improperly denying authentication.  A federal judge last week dismissed the plaintiffs’ claims, in a decision that explores some aspects of the complex role played by artist foundations and authentication boards.

A recent unpublished opinion from a Michigan state appellate court touches on recurring and important themes in recent art-law cases:  the degree to which buyers may rely on a dealer’s representations about a work of art, and the degree of pre-sale diligence required by buyers. See King v. Park West Galleries, Inc., No. 314188 (Mich. Ct. of App., Dec. 2, 2014).

In the last few months, three different lawsuits have been filed that highlight some of the legal complications involved in seeking, offering, or relying upon authentication of works of art.  We intend to follow closely each of these cases, and other important legal developments concerning art authentication.

The art world remains riveted by the still-unfolding scandal involving the once-renowned Knoedler Gallery.  To recap, over the course of more than a decade, Knoedler solddozens of works of art purportedly created by some of the most sought-after artists of the twentieth century—works that have since been widely discredited as fakes.  A Long Island art dealer named Glafira Rosales—who has now pleaded guilty, among other things, to charges of wire fraud, filing false tax returns and money laundering—allegedly told the Knoedler Gallery at the time that she represented an anonymous collector who was gradually liquidating his late father’s remarkable art collection.

In July 2010, the New Yorker published an article about Peter Paul Biro, an art expert who has made a name for himself by using forensic techniques to authenticate artworks.  Mr. Biro, displeased with the magazine’s portrayal of him and his methods, brought claims for libel (i.e., defamation through written statements) against the writer, David Grann, and the magazine’s parent company, Condé Nast.