Consignor: Protections and Creditor Rights in Bankruptcy - On Demand
Registration Information
November 6, 2020 | -

2020 Art Law Day

Consignor: Protections and Creditor
Rights in Bankruptcy
Neil Berger
Partner, Togut, Segal & Segal LLP
John Cahill
Partner, Olsoff Cahill Cossu LLP
Jason Pollack
Senior Vice President and General Counsel,
America's, Christie's Inc.
Megan NohModerator
Partner, Pryor Cashman LLP

This panel will focus on the different rights and remedies available
to consignors of artwork to auction houses and galleries, discussing
best practices and practical steps to protect a consignor’s interest
and mitigate risk in the event of the consignee’s potential bankruptcy.

Topics will include:
  • Application of common law fiduciary obligations and impact
    of contractual provisions in establishing the same (including
    as a result of inconsistencies between precedent in
    different jurisdictions)

  • Application of UCC (including effect of UCC-1 filings)
  • Impact of consignor’s relationship to the property, i.e. different
    protections for artist versus non-artist consignors under New York
    Arts and Cultural Affairs Law

1 CE credit

This is a recording of a session held live on November 6, 2020.

Sponsored by:


$25   Members & General Admission


Neil Berger is a partner at Togut, Segal & Segal LLP, the nation’s leading corporate restructuring boutique law firm.Mr. Berger has specialized in bankruptcy law since 1986, representing the interests of debtors, creditors’ committees, retirees’ committees, trustees, individual creditors and other parties in interest in connection with Chapter 11 cases (including post-confirmation matters) and Chapter 7 cases. He currently represents Albert Togut in his capacity as the Chapter 7 Trustee of Chowaiki & Co. Fine Art Ltd. Mr. Berger is a 1985 graduate of Brooklyn Law School where he is a member of the Moot Court Honor Society, and he is a member of the Steering Committee of the Barry L. Zaretsky Roundtable. He has been named a New York Super Lawyer every year since 2009 and has frequently lectured and written on topics under the Bankruptcy Code. 
John Cahill founded Olsoff |Cahill | Cossu LLP in early 2020 with former General Counsel of Sotheby’s, Jonathan Olsoff, and art law veteran, Paul Cossu. John has spent more than 25 years immersed in the art world, working on behalf of the industry's leading collectors, dealers, advisors, auction houses, museums, nonprofits, artists, art funds, insurers, appraisers, and estates on transactional and litigation matters. In addition to working at boutique firms that he founded and some large law firms, John has been the General Counsel of Phillips and was recently the Chief Commercial Officer at Sotheby’s, a senior global position on the business side of the auction house. Among other things, John oversaw all major transactions as well as Sotheby's Financial Services.
Jason Pollack is Senior Vice President and General Counsel, Americas at Christie's, based in New York. In this role, Jason oversees the legal function throughout the Americas and is a member of the Americas Executive team. Before joining Christie's, Jason started his legal career as an Associate in the Antitrust & Trade Regulation group in the New York office of Skadden, Arps, Slate, Meagher & Flom LLP and then joined AkzoNobel, a Dutch-international paint-and-chemicals company, where he ultimately became its General Counsel of the Americas. Jason is a graduate of the University of Pennsylvania and the Fordham University School of Law.
Megan Noh co-chairs Pryor Cashman's Art Law Group. Her clients include individual collectors, artists, galleries, auction houses, non-profits, estates, and fiduciaries. In negotiating complex auction consignment deals, Megan draws upon a 360-degree perspective, having regularly negotiated such agreements as in-house counsel to an international auction house before returning to private practice. Megan brings a similarly well-rounded approach to her negotiation of museum-exhibition loan agreements, private-sale and gallery consignment agreements, appraisal and advisory-engagement agreements, and other art-market transactions.As part of her contentious-matters practice, Megan counsels industry stakeholders about their statutory and contractual enforcement rights, including advising artists on rights of first refusal, resale-profit sharing, and unauthorized-image uses. Megan also litigates copyright and artists’ rights issues, including having recently obtained dismissal of claims asserted by contemporary artist Cady Noland in relation to her work Log Cabin(1990).












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