The first essay discusses constitutional First Amendment defenses against legal claims for expert opinion about art—claims which have driven art authentication boards out of existence and seriously chilled public and private scholarly expression.
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The second essay addresses the question of whether an owner can keep himself and his art out of bankruptcy court when the gallery goes into bankruptcy, by imposing his arbitration agreement with the gallery on a bankruptcy court. Read More
The third essay addresses the question of an owner’s unreasonable delay in claiming art—the very interesting, important, and heavily factual, defense of laches.
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Understanding how value is determined in the art market is also essential when assessing the relative importance of information disclosures and representations in art transactions.
Recent court decisions precluding lawsuits under the federal Lanham Act about whether or not a named artist created a work of visual art.
When is a photography of a person “art” protected by the first amendment to the US constitution.
