Appraisers Association of America

Subject to change.

Friday, November 6, 2020

CLICK HERE to download PDF program

11:00am - 11:15am

Introduction

11:15am - 11:50am

Keynote Address

Amy Herman
Founder and President
The Art of Perception, Inc.

The Art of Perception: Seeing What Matters Now What do the FBI, CIA, and NATO have in common with Art Law Day?
Amy Herman and The Art of Perception. In her highly participatory presentation, Ms. Herman will use the analysis of works of art as a vehicle to enhance observation, perception, and communication skills. In the pandemic’s shift to a virtual platform, effective communication with stakeholders, in both litigation and transactional practice, is paramount. Participants will reconsider their critical inquiry skills and ability to communicate effectively in a variety of scenarios in the field of art law, including appraisals, client relationships, forgeries, and bankruptcies. Works of art will also be engaged as tools to understand assumptions that impede best practices and decision making. Prepare to have your eyes opened when you did not even know they were closed.

11:50am - 12:00pm

Brief Break

12:00pm - 1:00pm

Art Market Developments, Fall 2020

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

1:00pm - 1:30pm

Lunch

1:30pm - 2:30pm

Changes, Challenges and Opportunities:

Shift to Transacting Primarily in a Digital Space

This panel will address cutting edge issues that have arisen as the art market shifts to a more predominantly digital space. Our expert panel will focus on intellectual property and artist rights issues, auctions, contracts, inspections, and the increased risk of fraud in this changing marketplace, and provide insight to the question: “What do we, as buyers and sellers, need to know to protect ourselves in this new environment?"

Stephanie Alexis
Senior Vice President, Sotheby's

Amelia Brankov
Counsel, Frankfurt Kurnit Klein & Selz

Suzanne Siano
Founder & Chief Conservator, Modern Art Conservation

Steve Schindler, Moderator
Founding Partner, Schindler Cohen & Hochman LLP

Elizabeth von Habsburg, AAA, Moderator
Managing Director, Winston Art Group

2:30pm - 2:45pm

Brief Break

2:45pm - 3:45pm

Consignor: Protections and Creditor Rights in Bankruptcy

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