Nick’s practice focuses primarily on complex civil litigation, for which he has appeared before the Supreme Court of the United States. He represents corporations, employers, individuals, investment advisers, banks, and others around the world in contract, employment, 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. Nick is one of the leading practitioners in the United States in matters concerning claims to allegedly Nazi-looted works of art.
Nick is the Co-Chair of the Art, Cultural Property and Heritage Law Committee of the International Bar Association and co-chair of the New York chapter of the Responsible Art Market Initiative, as well as a member of the Art Law Committee of the New York City Bar Association.
Additionally, Nick has authored and contributed to several books on art law:
- Country chapter author (United States): Museums and the Holocaust (Second Edition, Institute of Art and Law, 2021)
- A Tragic Fate—Law and Ethics in the Battle Over Nazi-Looted Art, (Ankerwyke/ABA Publishing, 2017)
- “Public Trust or Private Business? Deaccessioning Law and Ethics in the United States,” in Éthique et Patrimoine Culturel - Regard Croisés, G. Goffaux, ed., (L’Harmattan, 2016)
- “Vergangenheit als Zukunft? Restitutionsstreitigkeiten in den Vereinigten Staaen,” in Ersessene Kunst—Der Fall Gurlitt, J. Heil and A. Weber, eds., (Metropol, 2015)
- “Nazi-Looted Art—Risks and Best Practices for Museums,” in The Legal Guide for Museum Professionals, Julia Courtney, ed., (2015, Rowman & Littlefield)
Representative Client Work
- Represents, pro bono, multiple children attending statewide virtual public school in action against Massachusetts Interscholastic Athletic Association challenging arbitrary rule that prevents such children from participating in interscholastic athletics programs
- Argued in the Supreme Court of the United States as lead counsel to plaintiffs seeking restitution of the Guelph Treasure, sold under duress by Jewish art dealers in 1935 to the Prussian government. F.R.G. v. Philipp, 141 S. Ct. 703 (2021). The case concerns the first case in which a U.S. court has found jurisdiction over a German state museum for claims to allegedly Nazi-looted art, Philipp v. F.R.G., 894 F.3d 406 (D.C. Cir. 2018).
- Counsel of record for Mark Feldman, former U.S. Department of State Acting Legal Adviser in case concerning Nazi-forced sale of a painting by Camille Pissarro. Argued for the reversal of the ruling of the Ninth Circuit that federal common law supplied the choice of law rule in a case brought under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(3). The Supreme Court ruled for the petitioners consistent with the brief’s argument that 28 U.S.C. § 1606 compels that subsequent to finding jurisdiction, foreign sovereign defendants must stand in the same footing as any private litigant, including the choice of law. See Cassirer v. Thyssen-Bornemisza Collection Foundation, No. 20-1566, 2022 U.S. LEXIS 2097, __ S.Ct. _ (Apr. 21, 2022).
- Second chair at trial win for Akamai Technologies, Inc. in significant Massachusetts tax litigation involving the treatment of the cloud computing industry, affirming Akamai’s eligibility for status as a manufacturer
- Represent art dealer in civil action against Poland concerning extradition attempts brought in retaliation for client's claims to recover property lost during the Holocaust. Khochinsky v. Republic of Poland, 1 F.4th 1 (D.C. Cir. 2021).
- Counsel for heirs of renowned Berlin art dealer Alfred Flechtheim in investigation and recovery of art looted by the Nazis from the Galerie Flechtheim
- Represent members of the Berkshire Museum in litigation concerning proposed sale of 40 works of art to fund museum operations
- 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
- Argued before the Supreme Court of New Hampshire in case of first impression concerning the applicability of the Restatement (Third) of Property. Stowell v. Andrews, et al., 171 N.H. 289 (2018).
- Obtain dismissal of challenge seeking zoning enforcement from abutter based on allegations that clients’ house violates the town of Falmouth's (town) height and story zoning limitations, affirmed on appeal. Allison v. Zoning Bd. of Appeals of Falmouth, et al., 90 Mass. App. Ct. 1110 (2016)
- 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
Bar & Court Admissions
- Massachusetts
- New York
- District of Columbia
- U.S. District Court, District of Massachusetts
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
- U.S. Court of Federal Claims
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- Supreme Court of the United States
Education
- J.D., Boston College Law School
- B.A., magna cum laude, Williams College
Community Engagement
- Member, Art Law Committee, New York City Bar Association
- Co-Chair, International Bar Association's Art, Cultural Institutions and Heritage Law Committee
- Past Vice President, Danforth Museum of Art Board of Trustees
- Boston Bar Association
- Boston Bar Association, Public Interest Leadership Program
Languages
- German
- Spanish
Awards & Honors
- Chambers USA High Net Worth, 2021-2022
- The Legal 500 U.S., 2020-2022
- "Up & Coming Lawyer," Massachusetts Lawyers Weekly, 2008
- "Rising Star," Massachusetts Super Lawyers, (2007, 2009, 2010-2012)
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March 2023
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The New York Times, QuotedMarch 10, 2023
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The New York Times, QuotedJanuary 29, 2023
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Law360January 26, 2023
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ApolloJanuary 20, 2023
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The Daily Beast, QuotedDecember 20, 2022
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Fox 5, QuotedNovember 30, 2022
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How a Supreme Court Case About Andy Warhol’s Paintings of Prince Could Reshape Freedom of ExpressionARTnews, QuotedOctober 12, 2022
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Artnet News, QuotedOctober 6, 2022
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Law360, QuotedSeptember 13, 2022
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The Boston Globe, QuotedAugust 24, 2022
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Press ReleaseAugust 24, 2022
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Press ReleaseJuly 14, 2022
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Press ReleaseJune 8, 2022
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Jewish Telegraphic Agency, QuotedMay 16, 2022
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Daily Beast, QuotedMay 14, 2022
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The Art Newspaper, QuotedMarch 31, 2022
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Bloomberg, QuotedMarch 10, 2022
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Jewish Insider, QuotedJanuary 20, 2022
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Forward, QuotedJanuary 17, 2022
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Press ReleaseDecember 22, 2021
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The Art Newspaper, QuotedAugust 16, 2021
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The Art Newspaper, QuotedJuly 23, 2021
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Press ReleaseJuly 22, 2021
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Boston College Law School Magazine, QuotedJuly 15, 2021
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Press ReleaseJune 9, 2021
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ApolloMay 12, 2021
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Law360, QuotedApril 20, 2021
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TVOApril 7, 2021
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NBC News, QuotedFebruary 17, 2021
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ACTEC Trust and Estate Talk, QuotedFebruary 10, 2021
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The Globe and Mail, QuotedJanuary 27, 2021
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The Art NewspaperJanuary 6, 2021
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Multiple News SourcesDecember 2020
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Client AlertDecember 3, 2020
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Los Angeles Times, QuotedDecember 3, 2020
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The Art Newspaper, QuotedOctober 26, 2020
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ApolloSeptember 11, 2020
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Law360, QuotedSeptember 10, 2020
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The Art Newspaper, QuotedSeptember 8, 2020
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Forbes, QuotedJuly 22, 2020
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The New York Times, QuotedJuly 10, 2020
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U.S. Supreme Court Will Hear Germany’s Appeal Over the Guelph Treasure Bought by Nazi Agents in 1935Press ReleaseJuly 2, 2020
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Client AlertJune 24, 2020
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Press ReleaseJune 10, 2020
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US Government Recommends that the Supreme Court Hear German Museums’ Appeal on Guelph Treasure ClaimThe Art Newspaper, QuotedJune 2, 2020
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Law360, QuotedMay 27, 2020
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Apollo MagazineApril 27, 2020
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ARTnews, QuotedApril 16, 2020
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The Value, QuotedMarch 31, 2020
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Art Law ReportMarch 24, 2020
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USA Today, QuotedFebruary 27, 2020
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The Art Newspaper, QuotedJanuary 21, 2020
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Sullivan Press ReleaseJanuary 10, 2020
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Law.comDecember 4, 2019
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The American LawyerOctober 9, 2019
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Law360October 1, 2019
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ArtNet News, QuotedSeptember 6, 2019
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The Art Newspaper & ArtNet News, QuotedJune 24, 2019
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Art Law ReportJune 18, 2019
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KCRW, QuotedMay 28, 2019
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Hypoallergic, ArtNews, ArtNet News, Artsy, The Art NewspaperMarch 1, 2019
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Observer, QuotedJanuary 4, 2019
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Bloomberg, QuotedDecember 4, 2018
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The Daily Beast, QuotedNovember 29, 2018
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San Diego Jewish WorldNovember 11, 2018
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ApolloOctober 29, 2018
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Kan RadioJuly 16, 2018
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The New York Times, QuotedJuly 11, 2018
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The Art Newspaper, QuotedJuly 10, 2018
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Press ReleaseJuly 10, 2018
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Law360, QuotedJuly 6, 2018
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ArtNews, QuotedJune 27, 2018
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New York Times, QuotedJune 3, 2018
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Smithsonian Magazine, QuotedJune 1, 2018
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The Boston Globe, Artnet.com, Berkshire Eagle, WAMC/Northeast Public Radio, ARTnewsMarch 21, 2018
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ApolloMarch 15, 2018
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The Berkshire Eagle, QuotedMarch 9, 2018
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The Berkshire Eagle, QuotedFebruary 27, 2018
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Palo Alto Daily Post, QuotedFebruary 8, 2018
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The Berkshire Eagle, QuotedJanuary 29, 2018
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The Berkshire Eagle, QuotedJanuary 17, 2018
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Press ReleaseJanuary 16, 2018
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ApolloDecember 5, 2017
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The Telegraph, QuotedNovember 19, 2017
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The New York Times, QuotedNovember 8, 2017
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Press ReleaseOctober 26, 2017
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Artnet.com, QuotedOctober 26, 2017
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The Berkshire Eagle, QuotedOctober 14, 2017
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Artnet, QuotedJuly 6, 2017
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Press ReleaseJune 19, 2017
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ApolloMay 5, 2017
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The Sullivan PodcastApril 14, 2017
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Press ReleaseMarch 31, 2017
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Éthique et Patrimoine Culturel - Regard Croisés2016
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The Art NewspaperFebruary 1, 2017
Seminars & Presentations
- Hot Topics for Art Businesses in 2023: NFTs and Sustainability
Phillips, New York, NY (8:00 am - 11:00 am) (March 2, 2023) - Evolutions in Collecting Art: Practices and Challenges
Palexpo, Geneva, Switzerland (January 27, 2023) - The Future of Fair Use After Warhol v. Goldsmith
Kramer Levin Naftalis & Frankel LLP (November 16, 2022) - Issues on Art, Artifacts and Archeology
Boston Bar Association Webinar (September 21, 2022) - RAM’s Toolkit for Art Market Professionals
Palexpo, Geneva, Switzerland (March 4, 2022) - Global Perspectives: What to Expect in 2021?
Responsible Art Market (RAM) Virtual Conference (January 29, 2022) - New Obligations in the Art & Antiquities Markets
Responsible Art Market (RAM)– Webinar (November 16, 2021) - Non-Fungible Tokens (NFTs) In the Art World: Is Buying An NFT a Safe Bet?
International Bar Association "Virtual Fever the New Pandemic" Conference (October 11, 2021) - Art Law in the Time of Covid-19
Roundtable Discussion (May 26, 2021) - How Nazi-Looted Art Can Be Returned to its Rightful Owners
The Agenda | TVO Live Broadcast (April 7, 2021) - Deaccessioning After 2020
Syracuse University's Graduate Program in Museum Studies (March 17, 2021) - Legal and Ethical Challenges in Art Collection Stewardship
Virtual Panel Discussion (March 16, 2021) - Anti-Money Laundering and Sanctions Compliance for the Art Market – Emerging Trends and Challenges
Webinar (International Intellectual Property Committee of the D.C. Bar) (February 24, 2021) - Innovation and Change in a Responsible Art Market
Responsible Art Market (RAM) Virtual Conference (January 29, 2021) - The Art Industry and U.S. Policies that Undermine Sanctions
Responsible Art Market - Webinar (November 10, 2020) - The Art Market is Going Digital: What are the Legal Challenges?
IBA Arts, Cultural Institutions and Heritage Law Committee (June 30, 2020) - Art: private passion or a private client asset?
International Bar Association's 25th International Private Client Conference (March 2, 2020) - Legal Issues with International Art Exhibitions
Institute of Art & Law, New York City Bar Association (February 27, 2020) - Global Auction House Summit
Invaluable (February 3, 2020) - International Bar Association Annual Conference
Seoul, South Korea (September 27, 2019) - New Regulatory Developments in the US and Abroad: What Implications for the Art Market?
Responsible Art Market Initiative (May 23, 2019) - Managing Reputation & Risk
Global Auction House Summit (February 6, 2019) - Artwork Due Diligence
Responsible Art Market Initiative Conference (February 1, 2019) - Who Makes the Rules? The High-Stakes Legal Conflicts Over Looted Art
Brandeis University (November 6, 2018) - Annual Conference of the International Bar Association
Rome, Italy (October 7, 2018) - Deaccessioning: Art, Morals, and the Law
New England Chapter of the Copyright Society of the USA (May 10, 2018) - 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) - 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)
- "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)