Latest News Articles by Milton Silverman
A LAWYER WRITES: When an adviser can also become a buyer it is vital to make their position crystal clear26 September 2022
Two 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 in25 July 2022
Two 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 court30 May 2022
Focus on how judges assess when art and antiques cases need special evidence
A lawyer writes: How individual taste could affect ivory quality control28 March 2022
Decisions on act exemptions inevitably run the risk of subjective assessments
A lawyer writes: Buyers beware of later ownership disputes07 February 2022
Arguments surround time limits imposed on subsequent stolen goods claims
A LAWYER WRITES: Repairs can be a nasty shock at the end of a lease18 October 2021
Tenants 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 risk09 August 2021
A 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 consignor07 June 2021
Painting 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 expectations12 April 2021
Longstanding 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 unidentified01 February 2021
Case shows how confidentiality cannot always be completely relied on
A lawyer writes: Be clear upfront and you won’t need to look back with regret07 December 2020
Proper 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 2020
How a bid to buy time led to a transaction being investigated
A lawyer writes: Are ‘consignments’ properly protected under US law?29 June 2020
Risk of business insolvencies highlights grey area in Uniform Commercial Code
A lawyer writes: Can you prove a provenance you put forward?18 May 2020
Historically verifiable ownership is very different from having an opinion
A lawyer writes: Beware of ‘moral rights’ even if it is street art24 February 2020
Vandalism of Banksy work brings up intriguing issue of the artist’s reputation
A lawyer writes: Hals or not, ‘reasonable and rational’ wins out20 January 2020
The 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 contents18 November 2019
Legal 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 stress30 September 2019
Property 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 store12 August 2019
Why having terms and conditions on uncollected goods is a wise move.
A lawyer writes: The concept of ‘relative title’08 July 2019
Case from way back in 1722 underlines this sometimes baffling aspect of English law.