Art Market Developments, Fall 2020
Course Registration $25.00 General Admission
Zachary Goldman, Counsel, WilmerHale, NY
Kenneth Mullen, Partner, Withersworldwide, UK
Philippe Pochet, Founding Partner, FTPA, France
Eleni Polycarpou, Partner, Withersworldwide, UK
Minje Xi, Partner, Jingtian & Gongcheng, China
Massimo Sterpi, Moderator, Partner, Gianni Origoni Grippo Cappelli & Partners, Italy
Diana Wierbicki, Moderator, Global Head of Art Law, Partner, Withersworldwide, New York
1 CE Credit
This is a recording of a session held live on November 6, 2020.
$25 Members and General Admission
Zachary Goldman's practice focuses on financial crime, financial technology, and national security issues, with a particular focus on financial sanctions, anti-money laundering (AML), cryptocurrency and distributed ledger technology, and other novel payment technologies. Mr. Goldman serves as a trusted advisor for the financial services sector, technology industry, investment firms and global companies in a range of industries, counseling clients on compliance with the complex body of laws and regulations governing AML, sanctions and anti-bribery/anti-corruption. He has experience pursuing cryptocurrency licenses before the New York State Department of Financial Services, and advising companies on the broad range of state and federal laws governing cryptocurrency matters.
Kenneth Mullen is a partner in the intellectual property and technology team. He advises on IP, licensing, commercial technology, and data protection. He has extensive experience in these specialized areas advising clients across a range of sectors including luxury brands, fashion, sports and entertainment, digital media, software and technology, art and design, hotels and leisure, music, publishing, financial services, retail, and manufacturing. Kenneth’s transactional expertise includes advising on licensing and exploitation of IP, as well as commercial agreements in relation to distribution, agency, franchising, sponsorship, celebrity endorsement, publishing, research and development, outsourcing, IT procurement, software development and data hosting/processing agreements as well as website terms/privacy policies. As well as dealing with soft and hard IP issues, Kenneth’s regulatory expertise includes, data protection, cyber security, UK and EU competition law, freedom of information, e-commerce, consumer law, and financial services outsourcing. His previous experience includes acting as European General Counsel for a global on-line travel company and as UK commercial counsel at a major software corporation. Kenneth is listed in the Experts Guides one of the world’s leading “Technology, Media and Telecommunications” lawyers. Kenneth is a regular contributor to specialised publications and international media, including the Financial Times and The Times. He also frequently speaks on IP exploitation, technology and data protection/security issues at industry events in the UK and abroad.
Philippe Pochet is one of the founding partners of FTPA.A graduate of Paris University (Master’s in Private Law), Paris Institute of Political Studies, and the University of California Los Angeles Law School, Philippe has been a member of the Paris Bar since 1981. He also holds specialization certificates in International Relations Law and Intellectual Property Law (1994). His activity in the field of the art market led him to advise and assist his clients in the management of artists’ heritage, particularly on estate and tax planning. His work also involves carrying out major transactions including certain loans or donations, implementation of complex mechanisms, on a national and international level, and in close liaison with its tax group and a specialized notarial team. He also works on artist estates and the management of conflicts between artist-rights holders. Philippe advises artists and their beneficiaries in the exploitation of works, and in the management of their relations with museums and other art galleries. In2017 he was appointed “Chevalier dans l’Ordre des Arts et des Lettres” (Knight of the Order of Arts and Letters).
Eleni is a partner in the litigation and arbitration team and focuses on international arbitration. Eleni has long-standing expertise in dealing with international commercial disputes. This includes commercial arbitration as party appointed counsel under various institutional rules as well as ad hoc arbitration proceedings. Eleni is Fellow of the Chartered Institute of Arbitrators and takes arbitrator appointments. She specializes in international commercial disputes including heavyweight commercial fraud work both in the English courts and in international arbitration. She acts for high-net-worth individuals and their companies often advising on shareholder and joint venture disputes, banking disputes, contract and tort disputes. Eleni is also well versed in mediation and has a track record of achieving a successful settlement of disputes via this method. She has a specialist practice advising on art-related disputes and leads the UK art litigation team. Eleni has 15 years’ experience of an extremely broad range of art-related disputes played out in a number of different jurisdictions and has recently been chosen by the Court of Arbitration for Art to join their panel of arbitrators. Eleni is from Cyprus and speaks Fluent Greek, English, and Italian. Eleni’s practice has a particular focus in acting for clients from those jurisdictions and from Russia and CIS, who often hold their interests through Cypriot companies.
Angell Xi graduated from Wuhan University with a LLB and a BA at the same time. She was also a visiting scholar of the EU-China Legal and Judicial Cooperation Programme. Xi has spent 22 years in the legal and compliance field, with practice areas covering general corporate and compliance, intellectual property and licensing, art law, private client and family office. Xi has rich experiences in restructuring, crossborder investment, and dispute resolutions, as well as in industries such as culture, art, entertainment and sports, automobile and parts, luxury brands and fashion industry. Prior to joining Jingtian & Gongcheng, Xi was general counsel, Asia Pacific, for GE Intelligent Platforms, Asia Pacific general counsel for Ashland Inc., Chief Compliance Counsel for Kering Asia Group and Counsel for Michelin China for over 12 years. Xi is known as solid both in business and leadership.
Massimo Sterpi is partner and Head of the IP and Art Law departments of Gianni Origoni Grippo Cappelli & Partners. A passionate art collector, he has gained an internationally recognized experience in art law, representing well-known artists and artist estates, important cultural institutions, and collectors. In this field, he addressed various topics including problems of authenticity, recovery of stolen or looted artworks, commissions of artworks, management of artists’ estates, sponsoring, licensing and merchandising contracts, unauthorized reproductions, sales and exports of works of art, and declarations of artworks as national treasures. He is the author and editor of numerous publications on IP and art law, including The Art Collecting Legal Handbook, which covers the laws on art in 30 different jurisdictions. He speaks frequently on those subjects in international conferences. Massimo is on the WIPO Lists of Mediators and Referees in matters of IP and Art and Cultural Heritage. He has been Chairman of the IBA Committee for Art, Cultural Heritage and Cultural Institutions and is currently the President of the UIA's Art Law Committee. He is also a member of the Advisory Board of the Peggy Guggenheim Collection in Venice and sits on the Board of Directors of Fondazione Prada and of the US Friends of the MAXXI Foundation.
Diana Wierbicki is a Partner and the Global Head of the Withers Art law practice. She advises clients on art purchases, sales, loans, consignments, and charitable and tax planning. Her clients include the industry's top collectors, dealers, galleries, charitable organizations, artists, and museums. She has been quoted in various news outlets, including The New York Times, CNN, Bloomberg Business, BBC, and Barron's, and she has written articles in publications such as Forbes, Trusts & Estates, Crain's, and Wealth Management. As an active member of the art community, Diana serves as Co-Chair of the Appraisers Association of America's Art Law Day, as Chair of the New York City Bar Association's Art Law Committee, and Co-Chair of the American Bar Association's Art and Collectibles Committee. She is also an active member of the Professional Advisory Council of the Metropolitan Museum of Art, the Planned Giving Advisory Council of the New York Historical Society, ArtTable, and an affiliate member of the Association of Professional Art Advisors.