Malcolm S. Taub, who has over 30 years of practice in this field and is known internationally as one of the most accomplished attorneys, offers vast experience in both Art Transactions and Art Litigation practice areas. His services include:
- Fine Art
- Intellectual Property
- Contract
- Tort
- Commercial
- Transactions
- Collection
- Authenticity
- Trade
Malcolm has represented major artists, dealers, and purchasers in all types of art transactions involving tens of millions of dollars. He has also represented a world renowned artist against a dealer who breached his fiduciary duty to the artist. Ultimately, the dealer was compelled to return over 65 artworks originally consigned to that dealer. This matter went to trial before the Honorable Jed S. Rakoff, in the United States District Court, Southern District of New York.
Malcolm represented a purchaser of an old master painting, against a third party who claimed that he had obtained title to the artwork resulting from a bankruptcy proceeding. This case was heard in the United States District Court, Southern District of New York and resulted in a very significant decision dealing with the issue of “laches.” That decision was affirmed in all aspects by the Federal Court of Appeals for the Second Circuit.
Malcolm has lectured in the area of Art transactions both for CLE courses and in art museums. His insight continues to shape the understanding and execution of art law services in New York for clients navigating high-value legal matters involving creative assets.
What We Can Do
This service supports clients involved in the creative, commercial, and legal sides of the art world. Whether working with collectors, galleries, auction houses, or museums, each case is approached with clarity and precision. Services span disputes, authenticity claims, title issues, and intellectual property concerns in both domestic and international contexts.
Is Art Law Services Right for You?
This area of law applies to a range of scenarios:
- Buying or selling fine art
- Settling disputes over ownership or authenticity
- Drafting or reviewing contracts related to creative works
- Addressing copyright and moral rights of artists
- Navigating collection or consignment disagreements
If you find yourself in any of these situations, or working with valuable art assets, specialized legal support can help avoid significant legal and financial setbacks.
How It Works
Each engagement begins with a thorough review of the legal issues and objectives. From there:
- Legal documents are examined or prepared
- Representation is provided during negotiations, arbitration, or litigation
- Ongoing counsel is available for collectors, estates, galleries, and institutions
Malcolm’s approach emphasizes clarity, responsiveness, and a deep understanding of the intersection between law and art.
What Are the Benefits of Our Art Law Services?
- Protection of your artistic or commercial interests
- Clear documentation and contracts to avoid future disputes
- Strong representation in litigation or arbitration
- Confidence in transactions involving high-value artworks
- Experience-backed guidance in a complex legal field
Frequently Asked Questions (FAQs)
What is art law and who does it serve?
Art law addresses legal matters related to the creation, ownership, sale, and protection of visual art. It serves artists, collectors, dealers, galleries, museums, and institutions.
How can legal counsel help in art transactions?
A legal advisor can draft and review contracts, ensure clear title and authenticity, and offer protection in financial and legal dealings around artwork.
What happens if someone challenges ownership of a painting?
A legal evaluation of provenance, prior claims, and documentation is conducted. If necessary, the matter may proceed to court or arbitration for resolution.
Are authenticity disputes common in art law cases?
Yes. Disputes over the authenticity of artworks can impact value and ownership, often requiring expert testimony and legal analysis.
Why is intellectual property important in art law?
It protects the rights of creators, including copyright, moral rights, and licensing. These protections help control how a work is used or reproduced.
Can artists reclaim works sold through fraudulent agreements?
In certain cases, if fraud or breach of fiduciary duty is proven, legal remedies may include the return of artworks or financial compensation.
What legal protections exist during international art sales?
Cross-border transactions are governed by international agreements, customs laws, and contract terms. A lawyer ensures compliance and protects against loss or liability.
Ready to Move Forward with Confidence?
Take the first step toward resolution—discreet, informed, and compassionate legal support is one conversation away. Do you have more questions for us? Please send them here or call us. A representative of our firm will be glad to address them for you.
