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WORK TITLE: A Tragic Fate
WORK NOTES:
PSEUDONYM(S):
BIRTHDATE:
WEBSITE: https://www.atragicfate.com/
CITY: Boston
STATE: MA
COUNTRY: United States
NATIONALITY:
Phone: (617) 338-2814; nick@atragicfate.com
RESEARCHER NOTES:
PERSONAL
Male.
EDUCATION:Williams College, B.A. (magna cum laude); Boston College Law School, J.D.
ADDRESS
CAREER
Sullivan & Worcester, Boston, MA, partner in litigation department. Art Law Report, editor and primary author. Worked on curatorial staff of Sterling and Francine Clark Art Institute, Williamstown, MA.
MEMBER:New York City Bar Association.
WRITINGS
SIDELIGHTS
In A Tragic Fate: Law and Ethics in the Battle over Nazi-Looted Art, Nicholas O’Donnell, a veteran attorney with a long-standing interest in art, chronicles U.S. court cases involving attempts to reclaim art that was confiscated or bought at deep discounts in Nazi Germany from 1933 to 1945. The pieces of art were taken mostly from Jewish owners, some by government officials to enrich German museums, some by individuals who saw an opportunity to enrich themselves. After the war, the Allies sought to recover the art, but they did not generally return it to its rightful owners. Interest in making restitution for looted art grew with the end of the Cold War in the 1990s, and in 1998 came the Washington Conference on Nazi-Era Assets, which produced the Washington Conference Principles on Nazi-Confiscated Art. “The collapse of the Soviet Union and the breathing room afforded by that development in world affairs … afforded the various countries a look backwards with fresh eyes and began a comprehensive effort to assess how stolen art should be restituted or not,” O’Donnell explains. Despite governments’ commitment to these principles and museums’adoption of ethical guidelines, the courts remain the best means for the original owners of the art, or their heirs, to receive compensation, he writes. O’Donnell, who has handled many such cases, goes on to dissect several of the most significant cases heard in U.S. courts involving confiscated art.
Some critics thought O’Donnell displayed expertise about both art and law in A Tragic Fate. “O’Donnell is at an ease in his discussion of both the complex litigation procedural devices as well as the artists and art at issue in various cases,” remarked Jason Barnes at the Center for Art Law’s Website. “His passion and knowledge of the subject are readily apparent in the monograph.” A Kirkus Reviews contributor added: “His mastery of the relevant law is nothing short of stunning.” Both reviewers cautioned, however, that the book may be intimidating to those who are not legal experts. “Arguably the biggest impediment to lay readers is the immense substantive legal detail that O’Donnell covers in the book,” Barnes related. “At the same, this very feature will certainly be welcomed by law students and lawyers interested in delving into the intricacies of property restitution practice.” The Kirkus Reviews critic noted that A Tragic Fate‘s attention to “legal minutiae” could “prove prohibitive to lay readers.” The critic also pointed out, though, that O’Donnell “unearths the moral drama beneath the legal niceties.” Barnes termed A Tragic Fate “well-researched and written with the clarity one would expect from an effective advocate and proponent of restitution of Nazi-era looted art.” The Kirkus Reviews contributor summed it up as “a brilliant display of legal erudition combined with historical incisiveness.”
BIOCRIT
PERIODICALS
Kirkus Reviews, August 1, 2017, review of A Tragic Fate: Law and Ethics in the Battle over Nazi-Looted Art.
ONLINE
A Tragic Fate Website, https://www.atragicfate.com/ (May 16, 2018), brief biography.
Center for Art Law Website, https://itsartlaw.com/ (October 26, 2017), Jason Barnes, review of A Tragic Fate.
Sullivan & Worcester Web log, https://blog.sandw.com/ (June 19, 2017), Nicholas O’Donnell, “New Book by Nicholas M. O’Donnell: ‘A Tragic Fate–Law and Ethics in the Battle Over Nazi Looted Art.'”
Sullivan & Worcester Website, http://www.sandw.com/ (May 16, 2018), brief biography.
Author Bio: Nicholas M. O'Donnell (Boston, MA) is one of the art world's foremost litigators in the restitution of Nazi-looted art. He writes the Art Law Report (www.artlawreport.com) and has been cited widely for his expertise in the New York Times, the Detroit Free Press, the Los Angeles Times, and the Baltimore Sun. He speaks regularly about art law issues around the world.
Nicholas M. O'Donnell Profile (PDF)
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Boston, MA 02109
Alternate office: New York
T (617) 338-2814 or
(212) 660-3000
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nodonnell@sandw.com
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@NicholasMOD
Nicholas M. O’Donnell is a partner in the Litigation Department of our Boston office. Mr. O’Donnell’s practice focuses primarily on complex civil litigation. He represents manufacturers, individuals, investment advisers, banks, and others around the world in contract, securities, consumer protection, tort and domestic relations cases, with particular experience in the German-speaking world. He is also the editor of the Art Law Report, a blog that provides timely updates and commentary on legal issues in the museum and visual arts communities, one of his areas of expertise. Mr. O'Donnell is a member of the Art Law Committee of the New York City Bar Association.
Representative Client Work
Lead counsel to plaintiffs in Philipp et al. v. Federal Republic of Germany et al., 15-cv-00266 (D. D.C.), seeking restitution of the Guelph Treasure, sold under duress by Jewish art dealers in 1935 to the Prussian government, the first case in which a U.S. court has found jurisdiction over Germany for claims to allegedly Nazi-looted art. Philipp v. Fed. Republic of Germany, 2017 U.S. Dist. LEXIS 48460 (D.D.C. Mar. 31, 2017)
As lead counsel to Artmentum GmbH in widely publicized $204 million lawsuit over sale of a fine art collection, won motion to dismiss all claims in Art Assure Ltd., LLC v. Artmentum GmbH et al., Case No. 1:14-cv-03757 (LGS) (S.D.N.Y.)
Represented a New York art dealer in litigation involving claims for restitution of artworks alleged to have been stolen during the Nazi occupation of France. Obtained complete dismissal of all claims against client. Meyer v. University of Oklahoma Board of Regents, et al., Case No. 1:13-cv-3128 (CM)
Served as first chair in federal court trial and settlements concerning private flight services
Successfully represented a home furnishings manufacturer in a jury trial in which a former employee was claiming equity in the company and deferred compensation
Achieved the complete dismissal of lawsuit attempting to pierce the corporate veil of a health care provider trying to hold liable two investment adviser defendants alleged by plaintiffs to be shareholders
Defending a foreign financial services company in litigation concerning third party fraud, including an internal investigation in Europe overseeing the preservation, collection and analysis of data spanning nearly 20 years
Represented a Dutch manufacturing company in resolving an international dispute with a Japanese automotive supplier concerning their worldwide supply chain and allegedly defective components. Responsible for managing the worldwide investigation into the substance of the claim and the legal review and risk assessment, as well as directing the negotiations in the Netherlands, France, and the United States
Obtained a dismissal on First Amendment grounds of lawsuit challenging the governance of a religious school in Brookline, Massachusetts. The case was as upheld on appeal. Oster v. New England Hebrew Academy, 63 Mass. App. Ct. 1115, 827 N.E. 2d 258 (2005)
Won summary judgment for landowners in Massachusetts state court in a case concerning the scope of subdivision and land use rights
Advises museums, dealers, auction houses and collectors worldwide about restitution, copyright and de-accessioning issues
On a pro bono basis, obtain restraining and privacy orders for victims of domestic violence and assert immigration rights of crime victims
Served as first chair in child abduction and Hague Convention cases
Client Advisories
Massachusetts High Court Clarifies That A Written Agreement Is Not Required to Create Consignment of Fine Art
Responding to Museums’ Concerns, Supreme Court Applies First Sale Doctrine Regardless of Geography in Kirtsaeng v. John Wiley & Sons, Inc.
Important Changes and Interpretation of New York Consignment Law
Springing Back to Life: The Supreme Court in Golan v. Holder Upholds Statute that Applies Copyright to Foreign Works Once in the Public Domain
Expanding Jurisdiction and Contracting Claims: The Supreme Court Declines to Review the Cassirer and Von Saher Cases
Innocence is No Defense: Case Spotlights the Burden on the Owner
A Thaw in the Ice? The United States Signals Interest in Court Fight Affecting Sovereign Immunity, Potential Seizure of Cultural Property and Exhibition Loans from Russia
Key Copyright Case Highlights Pitfalls of Appropriative Art
News & Publications
Media Coverage - Berkshire Museum Lawsuit, The Boston Globe, Artnet.com, Berkshire Eagle, WAMC/Northeast Public Radio, ARTnews (March 21, 2018)
Street artists in the US have more rights than they thought, Apollo (March 15, 2018)
Berkshire Museum ruling unlikely before next week, The Berkshire Eagle, Quoted (March 9, 2018)
'Special master' urged to oversee Berkshire Museum finances, changes, The Berkshire Eagle, Quoted (February 27, 2018)
Digital DNA egg artist threatens to sue city if it removes statue, Palo Alto Daily Post, Quoted (February 8, 2018)
Court filing suggests talks underway to resolve Berkshire Museum art sale, The Berkshire Eagle, Quoted (January 29, 2018)
When Berkshire Museum injunction ends, private art sale could follow, attorney cautions, The Berkshire Eagle, Quoted (January 17, 2018)
Members of the Berkshire Museum File Appeal Papers to Stop Museum's Planned Sale of 40 Works from its Collection, S&W Press Release (January 16, 2018)
What will Trump's tax reforms mean for the art market?, Apollo (December 5, 2017)
Norman Rockwell's Legacy at the Heart of Bitter Legal Dispute, The Telegraph, Quoted (November 19, 2017)
French Court Orders Return of Pissarro Looted by Vichy Government, The New York Times, Quoted (November 8, 2017)
Members of Berkshire Museum File Suit Seeking Injunction Against Sale of Art Collection, S&W Press Release (October 26, 2017)
Opponents of the Berkshire Museum Sale May Have Just Found an Ingenious Legal Loophole, Artnet.com, Quoted (October 26, 2017)
Berkshire Museum: Art auction legal issues draw focus, The Berkshire Eagle, Quoted (October 14, 2017)
Did Hobby Lobby Buy Up Iraqi War Loot in Its Quest to Amass Biblical Artifacts?, Artnet, Quoted (July 6, 2017)
New Book Tells the Full Story of Nazi-Looted Art Disputes, S&W Press Release (June 19, 2017)
Why This Fearless Girl Should Stand Her Ground, Apollo (May 5, 2017)
The S&W Podcast: Nicholas O'Donnell on Art Law, The S&W Podcast (April 14, 2017)
Guelph Treasure Art Restitution Case - Media Coverage, Wall Street Journal, International Business Times, Jewish Press, Reuters, Artforum, etc. April 3-4, 2017
U.S. District Court Issues First of Its Kind Landmark Ruling Against Germany Over Renowned Guelph Treasure Taken During The Third Reich, S&W Press Release (March 31, 2017)
Public Trust or Private Business? Deaccessioning Law and Ethics in the United States, Éthique et Patrimoine Culturel - Regard Croisés 2016
Russian Art Loans Embargo Was Never About US Immunity Law, The Art Newspaper (February 1, 2017)
New Bill Passed Will Aid the Recovery of Nazi-Looted Art, Artsy, Quoted (December 13, 2016)
Flechtheim Heirs Sue Bavaria for Restitution of $20 Million in Nazi-Looted Art, The Daily Editorial Newsletter, Quoted (December 7, 2016)
Bavaria is sued in New York over paintings looted by Nazis, Reuters, Quoted (December 6, 2016)
Heirs Of Nazi-Persecuted Art Dealer Alfred Flechtheim File Suit in Federal District Court in New York Against Bavaria, S&W Press Release (December 6, 2016)
Jewish Dealer’s Heirs File Suit Over Art in Bavarian State Collection, The New York Times, Quoted (December 6, 2016)
Due Diligence (December 1, 2016)
On the Limbach Commission, Apollo Magazine (October 1, 2016)
The Limbach Commission: What Is It And Will Reforms Make A Difference?, Apollo Magazine, Quoted (September 26, 2016)
The $30 Million Lawsuit against the National Gallery over an Allegedly Stolen Matisse, Explained, Artsy, Quoted (September 8, 2016)
Rival Horsemen's Groups Jockey For Turf In Boston Court, Law360, Quoted (August 30, 2016)
The Artist Peter Doig Wins a Case Involving a Painting's Attribution, The New York Times (August 23, 2016)
The Surprise Norton Simon Museum Nazi Loot Ruling, Explained, Artsy (August 19, 2016)
Disputed Cranach Works Can Stay at Norton Simon Museum, Rules Judge, Apollo Magazine, Quoted (August 18, 2016)
Judge Rules in Museum's Favour Over Long-Running Nazi-Looted Art Claim, Antiques Trade Gazette, Quoted (August 18, 2016)
The More Art Changes, the More Urgent an Update to the Visual Rights Act Becomes, Observer, Quoted (August 3, 2016)
Peter Doig Says He Didn’t Paint This. Now He Has to Prove It., The New York Times, Quoted (July 8, 2016)
California Resale Royalty Act Claims Dismissed as Preempted by Copyright Law, The Licensing Journal May 2016
ARD Nightly News Segment, ARD (March 10, 2016)
Nicholas O’Donnell Quoted in Sueddeutsche Zeitung, German’s Largest Broadsheet Newspaper, Sueddeutsche Zeitung (March 9, 2016)
Knoedler Gallery Heads to Trial in Sale of a Fake Rothko, The New York Times, Quoted (January 24, 2016)
Google Books, Fair Use, and Visual Art: Second Circuit Decision Provides Useful Guidance for Practitioners, IP Litigator November/December 2015
German culture foundation angers Jewish groups over Holocaust dating, The Art Newspaper, Quoted (November 23, 2015)
Customs return ivories to London dealer after three-year battle, Antiques Trade Gazette (November 12, 2015)
Why One Museum Is Fiercely Fighting the Return of Nazi ‘Looted’ Artworks, Bloomberg, Quoted (October 30, 2015)
Nicholas O'Donnell Interviewed on Fox 25 News Boston (September 4, 2015)
Gift to Hitler spurs a claim for justice, The Boston Globe (July 15, 2015)
Legit Galleries Can Be Duped By Thieves, Boston Herald, Quoted (May 21, 2015)
'Woman in Gold' Case Puts Art Restitution Claims in Perspective, Law.com (May 18, 2015)
Podcast: Does Katy Perry own the copyright to ‘Left Shark’?, Massachusetts Lawyers Weekly (April 24, 2015)
The Legal Guide for Museum Professionals, Julia Courtney, ed., Rowman & Littlefield Publishers (2015), Nazi-Looted Art—Risks and Best Practices for Museums
GLMA, American Academy of Nursing and Sullivan & Worcester Submit Amicus Brief with U.S. Supreme Court in Marriage Equality Cases, S&W Press Release (March 6, 2015)
Heirs Seek Return Of Medieval Art From Germany, Here & Now (February 25, 2015)
Media Coverage - Guelph Lawsuit, The Wall Street Journal, National Public Radio, National Law Journal, The New York Times, The Washington Post, CBS News, ABC News, Los Angeles Times, Newsday, Chicago Tribune, etc. (February 24, 2015)
U.S. Court Asked to Act Against Germany in Nazi Art Acquisition Now Valued at $250 Million, S&W Press Release (February 24, 2015)
Secrecy Breeds Anxiety Over The Future of the Corcoran Gallery’s Art, The Washington Post, Quoted (January 9, 2015)
Refreshingly, Museums in Bamberg and Karlsruhe Recognize a Sale Under Duress For What It Was, Seek To Do Right Thing, Mondaq (November 12, 2014)
Sullivan & Worcester LLP Obtains Dismissal of all Claims Against Artmentum GmbH, S&W Press Release (November 6, 2014)
Mass. High Court Clarifies Fine Art Consignment Law, Law360 (September 24, 2014)
Wem gehören Adam und Eva (To Whom Do Adam and Eve Belong), Frankfurter Allgemeine Zeitung, Quoted (July 18, 2014)
Huge Litigation Win for S&W’s Bank Austria Team, Wall Street Journal, New York Law Journal, Chicago Tribune, Law360 (July 7, 2014)
S&W's Amicus Brief on Behalf of GLMA Supports 10th Circuit Decision Overturning Utah’s Ban on Same-Sex Marriage, S&W Press Release (June 25, 2014)
Fight Over Paintings Looted by Nazis May Finally Get Trial Thanks to 9th Cir., Bloomberg BNA, Quoted (June 17, 2014)
Stale info, conjecture from FBI on whereabouts of stolen artwork, Massachusetts Lawyers Weekly, Quoted (May 29, 2014)
Ownership of 1879 Renoir Painting Could be Determined Friday, The Baltimore Sun, Quoted (January 9, 2014)
Einlieferer bleiben anonym (Consigners Remain Anonymous), Frankfurter Allgemeine Zeitung, Quoted (January 3, 2014)
What's DIA Artwork Worth? New Christie's Report has the Numbers, Detroit Free Press, Quoted (December 19, 2013)
New York Court Finds That Sellers at Auction Can Remain Anonymous, The New York Times, Quoted (December 17, 2013)
Art Stolen by the Nazis Hits Close to Home, Republican American, Quoted (December 15, 2013)
Is Art the Answer for Detroit's Bankruptcy?, The Motley Fool, Quoted (December 7, 2013)
Christie’s Appraisal Estimates Detroit-Purchased DIA Art Worth Up to $866m, The Oakland Press, Quoted (December 4, 2013)
DIA Sales Not Ruled Out, but Rhodes Says Selling of Assets Demands 'Extreme Care', Detroit Free Press, Quoted (December 3, 2013)
Questions Remain About Nazi-Looted Art Trove, WBUR's "Here & Now" (November 6, 2013)
Chabad Library Case and Russian Art Loan Embargo Roil International Waters, Bloomberg BNA - The United State Law Week (June 4, 2013)
Sanctions Climb in Battle Over Religious Texts, The National Law Journal, Quoted (April 1, 2013)
Sullivan & Worcester Files Amicus Brief on Behalf of the Gay and Lesbian Medical Association Urging the Supreme Court to Confirm that DOMA and California Proposition 8 are Unconstitutional, S&W Press Release (February 28, 2013)
Lawyers Fight to Keep Auction Sellers Anonymous, The New York Times, Quoted (February 3, 2013)
Dookhan Players Covering Their Assets, CommonWealth, Quoted (January 17, 2013)
Russia Held in Contempt in Case That Sparked its U.S. Art-Loan Ban, Los Angeles Times, Quoted (January 17, 2013)
Sullivan & Worcester LLP Announces New Partner, S&W Press Release (January 8, 2013)
Sullivan & Worcester Attorneys Selected as Rising Stars, New England Super Lawyers Magazine (October 21, 2011)
Boston Firm Gets Into the Art Museum Business, Massachusetts Lawyers Weekly, Quoted (July 7, 2011)
S&W Announces Formation of Art & Museum Law Group, S&W Press Release (June 14, 2011)
Sullivan & Worcester Attorneys Selected as Rising Stars, New England Super Lawyers Magazine (October 19, 2010)
Sullivan & Worcester Attorneys Selected as Rising Stars, New England Super Lawyers Magazine (October 26, 2009)
Seminars & Presentations
Nicholas O'Donnell Discusses His New Book: "A Tragic Fate: Law and Ethics in the Battle Over Nazi-Looted Art"
NYIPLA Copyright Law and Practice Committee (March 29, 2018)
Who Makes the Rules? The High-Stakes Legal Conflicts Over Looted Art
Brandeis Center for German and European Studies (March 21, 2018)
Great Presenter Series - A Tragic Fate: Law and Ethics in the Battle Over Nazi-looted Art
Wayland Public Library, Wayland, MA (March 6, 2018)
Arts Law Colloquium
DePaul University College of Law (February 26, 2018)
Street Artists Versus the Fashion Industry: A Review of Recent Litigation and Novel Theories of Recovery
New York Bar Association, New York, NY (November 2, 2017)
Drawing Up a Plan: Tax and Business Strategies for Artists and Collectors... and Their Advisors
Sullivan & Worcester Conference Center, Boston, MA (October 25, 2017)
Intersections in Cultural Heritage Law
Georgetown University Law Center (March 29, 2016)
You've Been Served: "Gerhard Richter Painting" (2011)
Forchelli Center, Brooklyn Law School, Brooklyn, NY (February 3, 2016)
Art and the Digital Age
Boston Bar Association, Boston, MA (October 14, 2015)
Copyrights on the Street: Creating and Preserving Graffiti and Other Art in Public Spaces
The Copyright Society of the U.S.A., 1 East 53rd Street, New York, NY (June 9, 2015)
Art Crime and Cultural Heritage: Fakes, Forgeries, and Looted and Stolen Art
New York University, 108 West 3rd Street, New York, NY (June 6, 2015)
Even Better than the Real Thing? Authenticity, Forgery and the Reality of the Contemporary Art Market
The Arts & Business Council (15 Channel Center Street, Suite 103, Boston, MA) (March 18, 2015)
Art Fairs: An Irresistible Force in the Art World?
Sotheby’s Institute of Art, 570 Lexington Avenue, New York, NY (May 27, 2014)
Selling the Museum's Collection: Is Deaccessioning Ever Appropriate?
435 West 116th Street, New York, NY 10027 (October 28, 2013)
Holocaust Art Restitution Litigation in the United States
Chiostro Boccarini, Amelia, Italy (June 21, 2013)
American Wartime Art Restitution in the 1990s and Beyond – Has it All Been Worth It?
University of Maastricht, Netherlands (March 24, 2013)
Essentials for the New Collector
Boston Center for the Arts, Boston, MA (October 21, 2011)
Art, the Law and the Public Trust: Legal Perspectives on Museums in Hard Times
(April 29, 2009)
"Selling the Museum's Collection: Is Deaccessioning Ever Appropriate?" Columbia Law School (October 28, 2013)
"Holocaust Art Restitution Litigation in the United States," Association for Research into Crimes against Art (ARCA), Chiostro Boccarini, Amelia, Italy (June 21-23, 2013)
"American Wartime Art Restitution in the 1990s and Beyond – Has it All Been Worth It?" Art and Heritage Disputes Conference at the University of Maastricht, Netherlands (March 24-25, 2013)
"Essentials for the New Collector," The Ellis Boston Antiques Show (October 21, 2011)
About Nicholas M. O'Donnell
Nicholas M. O'Donnell is a civil litigator and a partner at the international law firm of Sullivan & Worcester LLP.
He represents collectors, dealers, auction houses and museums in a wide array of areas, ranging from copyright advice, to World War II restitution litigation, to museum governance, to commercial transaction and dispute representation. He is also the editor and primary author of the Art Law Report.
Before practicing law, he earned a BA in Art History magna cum laude from Williams College, and worked on the curatorial staff of the Sterling and Francine Clark Art Institute. He holds a JD from Boston College Law School.
Shortly after A Tragic Fate went to press, as counsel for claimants to the famed Guelph Treasure in Berlin, he secured the first ruling in history finding jurisdiction over Nazi-looted art claims against Germany in a U.S. court.
New Book by Nicholas M. O'Donnell: "A Tragic Fate--Law and Ethics in the Battle Over Nazi Looted Art"
Posted by Nicholas O'Donnell on June 19, 2017 at 11:46 AM
inShare
New book explores the historical, ethical, and legal consequences of stolen art
I am pleased to announce that my book A Tragic Fate—Law and Ethics in the Battle Over Nazi-Looted Art (Ankerwycke/ABA Publishing ) is available for purchase and delivery. I am proud to have composed the first comprehensive overview of looted art disputes in the United States, grounded in the historical and ethical perspectives that have shaped the debate over time. This has been a fascinating project that am very excited to share. As I hope readers of the blog will agree, my effort is always to provide a resource that those of general interest will find engaging but not hypertechincal, and which practioners will find useful as a resource.
Disputes over fine art looted by the Nazis have received renewed attention the past twenty-five years in particular. A Tragic Fate puts in context the continuum from the Nazis’ first legislation against Jews to the legal principles that have determined the outcome of these ongoing court disputes.
The Nazi looting of art and cultural property from Jews in Europe was unprecedented, ranging from a massive and organized plunder by the government for the benefit of German museums, to individual thefts by opportunists and Nazis. When the war ended, the Allies enacted a series of far-reaching laws and regulations to undo seizures of property from Jews. Yet, that effort did not extend to finding the individuals from whom the art had been taken, or their heirs. For decades, there was little attention and even less action around seeking to account for looted art.
This changed in the 1990s as the Cold War drew to a close, when new scholarship and attention culminated in the international Washington Conference on Nazi-Era Assets in 1998 and the announcement of the Washington Conference Principles on Nazi-Confiscated Art. These principles, and the ethical guidelines from museum associations, changed the perspective of the conversation on the need to find “fair and just solutions” for the victims of Nazi looting and their heirs.
Yet, inevitably claimants turned to the courts of the United States. A Tragic Fate explores what has happened once the parties turn to the legal system. I analyze the strategic, tactical, and ethical choices that the claimants, collectors, museums, and foreign countries involved have made over the course of these debates. A Tragic Fate combines the human stories behind the court cases with legal analysis of the outcomes. A Tragic Fate is the first compilation of the whole story, in addition to providing a review of European efforts to create alternatives to litigation that have in many instances ironically driven the parties into litigation.
I am humbled that experts provided these comments for the book jacket:
“A Tragic Fate is a comprehensive, detailed, up-to-date overview of the challenges that the heirs of Jewish collectors—whose art was stolen by the Nazis—face in U.S. courts and the successes and failures of the past. Mining his own practical experience in the complex field of Nazi-looted art, O’Donnell reveals an encyclopedic knowledge of his subject. His book is an essential reference for anyone considering U.S. legal action to recover Nazi-looted art—and as O’Donnell makes clear, such cases are likely to emerge for years to come.”—Catherine Hickley, arts and culture journalist, historian, and author of The Munich Art Hoard—Hitler’s Dealer and His Secret Legacy
“Lawyer Nicholas O’Donnell delves deep into every case of Nazi-looted that has come before U.S. courtrooms, looking at the ethical and issues involved. He clearly explains the various strategies and tactics used by claimants, museums, and current owners in sometimes tense legal battles and analyzes their outcomes. Looking beyond the United States, he charts the responses to restitution questions in European countries, which vary from token to downright hostile. The book is recommended for anyone seeking an overview of this most tragic subject from the U.S. legal perspective and the efforts to return art to its rightful owners—which continue to this day.” —Georgina Adam, art market editor-at-large, The Art Newspaper; art market contributor, The Financial Times; author, Big Bucks: The Explosion of the Art Market in the 21st Century
For more information or to schedule a speaking event, contact:
Nicholas M. O’Donnell
Sullivan & Worcester LLP
One Post Office Square
Boston, MA 02109
(617) 338-2814
nodonnell@sandw.com
Topics: Catherine Hickley, Nazi-looted art, Sullivan & Worcester LLP, Books, Georgina Adam, Nicholas M. O'Donnell, Art Law Report, ABA Publishing, Ankerwycke, A Tragic Fate, Law and Ethics in the Battle Over Nazi-Looted Art
Quoted in Sidelights: “His mastery of the relevant law is nothing short of stunning.”
“lavishes upon legal minutiae may prove prohibitive to lay readers.” “unearths the moral drama beneath the legal niceties.”
“a brilliant display of legal erudition combined with historical incisiveness.”
O'Donnell, Nicholas: A TRAGIC FATE
Kirkus Reviews. (Aug. 1, 2017):
Copyright: COPYRIGHT 2017 Kirkus Media LLC
http://www.kirkusreviews.com/
Full Text:
O'Donnell, Nicholas A TRAGIC FATE Ankerwycke (Indie Nonfiction) $45.00 7, 5 ISBN: 978-1-63425-733-6
A comprehensive review of United States court cases involving art that was plundered by Nazis. Adolf Hitler's Nazi regime was always keenly attuned to the power of cultural symbolism and eager to find new ways to disenfranchise Jewish people. These two preoccupations converged in their looting of privately owned art between 1933 and 1945. Some treasures were brazenly confiscated, while others were purchased at steep, coerced discounts. In the last few decades, there's been growing interest in this large-scale larceny, and yet much of the stolen art will likely never be returned to its original owners. Debut author O'Donnell, an attorney, calls this the "central paradox posed by disputes in the last twenty years." In this book, he diligently catalogs the many moral and judicial reasons for this absurdity as well as the evolution of laws regarding claims. His study specifically focuses on cases that resulted in litigation in America, providing an exhaustive account of each and arguing that such litigation can be an effective legal strategy despite complaints to the contrary. O'Donnell also includes discussions of landmark moments in art-restitution law, such as the London Declaration in 1943, the Washington Conference on Holocaust-Era Assets in 1998, and the Holocaust Expropriated Art Recovery Act of 2016, which was introduced in the U.S. Senate. The United States emerges in O'Donnell's account as an early, forceful leader in international art restitution despite the fact that some of its own laws, and even the Fifth Amendment, can complicate victims' options. His mastery of the relevant law is nothing short of stunning, and his meticulous parsing of legal detail leaves no stones unturned. This is primarily a work of legal scholarship, and the intense attention that it lavishes upon legal minutiae may prove prohibitive to lay readers. However, it also unearths the moral drama beneath the legal niceties and ably discusses the ways that uncooperative museums are complicit in Nazi theft and how nations grapple with the dark legacies of their pasts. A brilliant display of legal erudition combined with historical incisiveness.
Source Citation (MLA 8th Edition)
"O'Donnell, Nicholas: A TRAGIC FATE." Kirkus Reviews, 1 Aug. 2017. General OneFile, http://link.galegroup.com/apps/doc/A499572604/ITOF?u=schlager&sid=ITOF&xid=ae388327. Accessed 14 Apr. 2018.
Gale Document Number: GALE|A499572604
Quoted in Sidelights: “O’Donnell is at an ease in his discussion of both the complex litigation procedural devices as well as the artists and art at issue in various cases,” remarked Jason Barnes at the Center for Art Law’s Web site. “His passion and knowledge of the subject are readily apparent in the monograph.”
“Arguably the biggest impediment to lay readers is the immense substantive legal detail that O’Donnell covers in the book,” Barnes related. “At the same, this very feature will certainly be welcomed by law students and lawyers interested in delving into the intricacies of property restitution practice.”
“well-researched and written with the clarity one would expect from an effective advocate and proponent of restitution of Nazi-era looted art.”
Book Review: “A Tragic Fate: Law and Ethics in the Battle over Nazi-Looted Art”(2017)
Book Review: “A Tragic Fate: Law and Ethics in the Battle over Nazi-Looted Art”(2017)
Date: October 26, 2017
Author: centerforartlaw
0 Comments
By Jason Barnes*
Screen Shot 2017-10-25 at 4.06.39 PM.pngThe recent movie Woman of Gold and the Holocaust Expropriated Art Recovery Act enacted in 2016 reflect a steady interest in U.S. restitution of Nazi-expropriated art. It is thus with impeccable timing that Nicholas O’Donnell’s first book— A Tragic Fate: Law and Ethics in the Battle over Nazi-Looted Art (2017), arrives on the scene, offering a treatise on the restitution of Nazi-looted art in the United States. In it, O’Donnell describes the most important restitution-related litigation, international gatherings, and treaties in remarkable narratives that manage to stay fascinating while incorporating immense detail and nuance.
O’Donnell’s success on this front likely results from his background. He studied art history at Williams College and law at Boston College Law School. Now, he works as litigation partner at the Boston law firm, Worcester & Sullivan, where he has tried important art restitution cases, such as Philipp et al. v. Federal Republic of Germany et al., 15-cv-00266 (D. D.C.) (restitution of the Guelph Treasure). He serves as the editor of the Art Law Report and is a member of the Art Law Committee for the New York City Bar Association. A Tragic Fate really combines O’Donnell’s two loves—art and law—making him perfectly situated to write on the subject of Nazi-era looted art. O’Donnell is at an ease in his discussion of both the complex litigation procedural devices as well as the artists and art at issue in various cases. His passion and knowledge of the subject are readily apparent in the monograph.
O’Donnell is at his best when telling the war stories in the battle for Nazi-looted art in the legal arena. Most of the book is divided by restitution narratives, with each chapter covering an individual “battle” to recover an artwork through litigation. These case-summary narratives include most, if not all, of the key restitution cases in the United States: The Portrait of Wally (Chapter 3), Portrait of Adele Bloch Bauer (Chapter 4), the Herzog Collection (Chapter 7) and so on. It is through telling these narratives that O’Donnell explains the laws governing restitution. Any one of these individual case summaries on its own is illuminating but it is having them compiled together under one cover that makes the book particularly valuable. It welcomes the juxtaposition of the different barriers to recovery, exposes the good-faith purchasers and jurisdictions that display a heightened hostility towards restitution claims, and shows how the obstacles to restitution claims have evolved over time.
The author’s skill of narrative is not confined to discussing U.S. litigation. It likewise applies to his discussion of the important international gatherings that form the international framework for the restitution of Nazi-looted art. O’Donnell spends pages analyzing the 1998 Washington Conference—the first and arguably most important gathering on the restitution of Nazi-looted art. In his exposition of the seminal conference, O’Donnell analyzes many of the nations’ statements offered at the conference. This tact allows O’Donnell to nicely introduce the differing ways in which nations have responded to the issue of the restitution of artwork looted during the Nazi era. He later returns to comparative law in Chapter 19, wherein he discusses nation-based restitution regimes. These introductions to comparative law are a welcome addition to a book primarily focused on U.S. restitution because they give the reader the necessary context to make any normative judgments on U.S. restitution or ruminate on potential reforms.
Because of the technical nature of the book and O’Donnell’s consistent preference for both detail and accuracy, A Tragic Fate may be less accessible to a non-lawyer. Chapters, especially those focusing on particular litigation cases, read very much like a brief, both in structure and language. The book is riddled with legal jargon, cross referencing, and is written in a style that though clear, at times, feels too formal. Arguably the biggest impediment to lay readers is the immense substantive legal detail that O’Donnell covers in the book. At the same, this very feature will certainly be welcomed by law students and lawyers interested in delving into the intricacies of property restitution practice.
The substantive content alone favors those with some formal legal education. The introduction quickly breezes through important aspects of U.S. restitution law, including discussion of statute of limitations rules such as discovery and demand-and-refusal. But this introduction functions more as a refresher for those far removed from law school than a sufficient exposition for someone never introduced to those concepts before. This criticism applies with even greater force to later discussions of complicated legal concepts, such as the Act of State Doctrine, Bernstein letters, general versus specific jurisdiction, Foreign Sovereign Immunities Act (FSIA), Federal Tort Claims Act (FTCA), and so on.
In the midst of the case summaries, O’Donnell also opts to go into immense detail on the procedural nuances of the various cases – the different iterations of the lawsuit, how the parties have changed over time, jurisdictional issues. For instance, in the chapter on Femme en Blanc (Chapter 3, pp 79-82), O’Donnell discusses the motions practice of the various litigants, including procedural decisions like a §1404 venue transfer request. It’s noble that O’Donnell focuses on the procedural minutiae which oftentimes prove very important for ultimate success in trial. But one wonders if the benefit of accuracy and detail is outweighed by decreased accessibility. O’Donnell tries to militate against this unfortunate result by consistently defining terms and including a nice glossary and index to the end of his monograph.
A Tragic Fate is an educational journey – well worth undertaking. The book is well-researched and written with the clarity one would expect from an effective advocate and proponent of restitution of Nazi-era looted art. The book will serve as good educational resource to law students and practitioners interested in learning more about this particular area of art law or simply general litigation in the United States; or those looking for mere entertainment by some incredible stories on some very important artwork.
Disclaimer: Book reviews are no substitute for reading and interacting with the book herein reviewed.
About the reviewer: Jason Barnes is a third-year JD candidate at Columbia Law School. He is serving as the Fall 2017 Legal Fellow with the Center for Art Law. His note on the Holocaust Expropriated Art Recovery Act is forthcoming in the Columbia Journal of Transnational Law. He can be reached at jpb2193@columbia.edu.