Kokhba Law

04/30/2021

Thanks to Emilie Trice (she/her) and Artwork Archive for inviting me to discuss art deals, art funds and much more. Hope you enjoy the read!

Art lawyer Daniel Kokhba on private investigators, escrow accounts, and other ways collectors can stay out of litigation.

06/29/2020

Kokhba Law is launching a practical law practice series with the purpose of educating its network on areas of interest in the law. The lessons will be brief and the takeaways hopefully beneficial.

Lesson No. 1: When not to sue

If you cannot quantify your damages, pause and figure it out. Emotional conclusions without measurable damages often do not translate into meritorious claims and reasonable recoveries.

Without the proper analysis, such claims can result in dismissal, sanctions and wasted fees.

In New York, a successful defendant on a motion to dismiss a frivolous claim, could commence its own action for malicious prosecution.

06/02/2020

02/10/2020

This happens far too often, prompting finger pointing between artist, art fair, visitor and insurance carrier(s). I have yet to see "performance art" raised as a defense.

A Mexican critic's klutzy action destroyed a sculpture by Gabriel Rico at Zona Maco. But the gallery and critic disagree on what happened.

10/22/2019

When fraud is alleged, criminal charges often precede the civil claims. Here, expect to hear from a few collectors.

The prominent art dealer Michael Shultz has been suspecting of selling works with counterfeit certificates.

05/10/2019

Cautionary implications for gallerists and business owners - courtesy of the SDNY - resulting from alleged loose business dealings.

The ruling was based on the loose business dealings of Hammer, the gallery and its parent company—like reimbursing him $2m for luxury cars

04/20/2019

Pleased to be quoted in this article in the NY Observer on issues relating to the gallerist and advisory dual relationship

Art law experts weigh in on Larry Gagosian’s new venture, adding an art advisory arm to his high-profile gallery.

03/07/2019

In the news - Pleased to be quoted in this article in the New York Observer concerning art auction sales and buyer premiums.

The major auction houses all raised their buyers’ premiums in 2019, making some collectors think twice before placing that winning bid.

03/01/2019

The battle for women’s rights is not limited to the judicial system. This article highlights an elegant way to empower women artists in particular and generations to follow.

The group Art+Feminism has organised events at six museums to boost the online presence of women artists and cultural leaders