Latest News Articles by Milton Silverman
A Lawyer Writes: Andy Warhol painting of Prince photograph creates a legal question of fair or foul use
23 January 2023Final appeal court decision is now imminent in copyright conundrum
A Lawyer Writes: Anti-money laundering regulations – beware of the money behind the deals
05 December 2022Close investigation is vital to avoid difficulties with sanctioned individuals
A Lawyer Writes: When an adviser can also become a buyer it is vital to make their position crystal clear
26 September 2022Two cases dealt with recently underline problem of this clash of interests.
A lawyer writes: Client confidentiality becomes a problem when anti money laundering rules kick in
25 July 2022Two case studies reveal the kind of challenges the art trade has to tackle
A lawyer writes: How judges assess when art and antiques cases need expert witnesses in court
30 May 2022Focus on how judges assess when art and antiques cases need special evidence
A lawyer writes: How individual taste could affect ivory quality control
28 March 2022Decisions on act exemptions inevitably run the risk of subjective assessments
A lawyer writes: Buyers beware of later ownership disputes
07 February 2022Arguments surround time limits imposed on subsequent stolen goods claims
A LAWYER WRITES: Repairs can be a nasty shock at the end of a lease
18 October 2021Tenants can be faced with a big bill for repairs if certain precautions are not taken at the end of a lease.
A lawyer writes: Due diligence – relying on others leaves you at risk
09 August 2021A lawyer writes: Leaving client checks to others as an art market participant can be tricky
A lawyer writes: Handy reminder that an auction house is first and foremost the agent of the consignor
07 June 2021Painting was reoffered without the original vendor being kept in the loop
A lawyer writes: Wise words of advice when it comes to valued clients and expectations
12 April 2021Longstanding customers can muddle up the different roles of galleries and advisers
A lawyer writes: Dealers beware – the High Court could override your attempts to keep buyers unidentified
01 February 2021Case shows how confidentiality cannot always be completely relied on
A lawyer writes: Be clear upfront and you won’t need to look back with regret
07 December 2020Proper disclosure when contracts are drawn up will save a lot of later hassle.
A lawyer writes: A cautionary tale on the ‘source of funds’
28 September 2020How a bid to buy time led to a transaction being investigated
A lawyer writes: Are ‘consignments’ properly protected under US law?
29 June 2020Risk of business insolvencies highlights grey area in Uniform Commercial Code
A lawyer writes: Can you prove a provenance you put forward?
18 May 2020Historically verifiable ownership is very different from having an opinion
A lawyer writes: Beware of ‘moral rights’ even if it is street art
24 February 2020Vandalism of Banksy work brings up intriguing issue of the artist’s reputation
A lawyer writes: Hals or not, ‘reasonable and rational’ wins out
20 January 2020The most interesting recent art world case to find its way to trial, with judgment given in December 2019, was Sotheby’s vs Mark Weiss Limited (‘MWL’) and Fairlight Art Ventures Limited (‘Fairlight’).
A lawyer writes: Take care – copyright can cover contents
18 November 2019Legal action by Duchess of Sussex highlights an issue of concern to the art world
A lawyer writes: Sort out the paperwork to avoid years of stress
30 September 2019Property case also has lesson for the art trade when it comes to handshake deals