Latest News Articles by Milton Silverman
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
A lawyer writes: Know the law or run risk of trouble in store
12 August 2019Why having terms and conditions on uncollected goods is a wise move.
A lawyer writes: The concept of ‘relative title’
08 July 2019Case from way back in 1722 underlines this sometimes baffling aspect of English law.
A lawyer writes: Philatelist’s fight highlights the issue of authorative bodies and their judgments
20 May 2019In 2006 a well-known philatelist submitted three important penny red stamps on cover to the Royal Philatelic Society (‘RPSL’) for an opinion on authenticity. The response came that they had been ‘faked’. The process was repeated in 2014 and the same reply received.
A lawyer writes: Duty calls for traders on money laundering
29 April 2019Stupidity is no defence if suspicious transactions are a serious possibility.
A lawyer writes: Get an agreement right or face a sleepless night
25 February 2019Initial drafting on a deal is vitally important if later disputes take place.
A lawyer writes: The deals without full disclosure of final price
21 January 2019Sellers should be wary about Private Treaty Sales where the exact result is hidden
A lawyer writes: Banksy stunt - when a work is better shred than dead
22 October 2018Banksy's images have thrown up all kinds of legal puzzles over the years.
A lawyer writes: Art market intermediaries and the issue of definition
15 October 2018The case of Russian billionaire businessman Dmitry Rybolovlev versus dealer Yves Bouvier highlights a widespread problem in the art world: the definition of the role of agent.
A lawyer writes: The rights and wrongs of ideas and expression
27 August 2018Copyright can be a minefield for original works when others claim it was based on their initial creations
A lawyer writes: The frustrations of chasing faceless identity fraudsters
16 July 2018Taking action against con artists is difficult but a new data protection law can help...
A lawyer writes: When can an auctioneer be held liable legally?
07 May 2018I was consulted by an art dealer who bought a painting at auction which turned out to belong to someone other than the vendor. The painting went back to the true owner, the consignor to the auction was not worth suing, but did we have a case against the auctioneer?
A lawyer writes: Why the art trade’s oral agreements still stand
05 March 2018The recent court case concerning Simon De Pury’s claim against Swiss trustees for a commission of $10m on the sale of a $210m Gauguin (ATG No 2326) has raised a few eyebrows.