Profile (PDF) - Sullivan & Worcester LLP

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1 Nicholas M. O'Donnell NEW YORK Partner 1633 Broadway New York, NY 10019 O ne Pos t O f f ic e Sq ua r e B os t on, M A 02109 Practices T (617) 3 38- 2814 or (2 12) 66 0-3 000 Art & Museum Law F (6 17) 33 8-2 880 Copyright nod onne ll @ sa ndw.c om Intellectual Property Intellectual Property/ Patent International Dispute Resolution Nicholas M. ODonnell is a partner in the Litigation Department of our Boston IP Litigation office. Mr. ODonnells practice focuses primarily on complex civil litigation. He Licensing represents manufacturers, individuals, investment advisers, banks, and Litigation others around the world in contract, securities, consumer protection, tort and Trademarks 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 Industries 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 Automotive Not-For-Profit & Education Art Law Committee of the New York City Bar Association. REPRESENTATIVE CLIENT WORK Bar & Court Admissions Lead counsel to plaintiffs in Philipp et al. v. Federal Republic of Massachusetts, 2003 New York, 2012 Germany et al., 15-cv-00266 (D. D.C.), seeking restitution of the District of Columbia, 2013 Guelph Treasure, sold under duress by Jewish art dealers in 1935 to U.S. District Court, District of the Prussian government Massachusetts As lead counsel to Artmentum GmbH in widely publicized $204 million U.S. District Court, Eastern lawsuit over sale of a fine art collection, won motion to dismiss all District of New York claims in Art Assure Ltd., LLC v. Artmentum GmbH et al., Case No. U.S. District Court, Southern 1:14-cv-03757 (LGS) (S.D.N.Y.) District of New York Represented a New York art dealer in litigation involving claims for U.S. Court of Federal Claims restitution of artworks alleged to have been stolen during the Nazi U.S. Court of Appeals for the occupation of France. Obtained complete dismissal of all claims First Circuit against client. Meyer v. University of Oklahoma Board of Regents, et U.S. Court of Appeals for the al., Case No. 1:13-cv-3128 (CM) Second Circuit U.S. Court of Appeals for the Served as first chair in federal court trial and settlements concerning Fourth Circuit private flight services U.S. Court of Appeals for the Successfully represented a home furnishings manufacturer in a jury Sixth Circuit trial in which a former employee was claiming equity in the company U.S. Court of Appeals for the and deferred compensation Ninth Circuit Achieved the complete dismissal of lawsuit attempting to pierce the U.S. Court of Appeals for the corporate veil of a health care provider trying to hold liable two Tenth Circuit investment adviser defendants alleged by plaintiffs to be shareholders Supreme Court of the United States BOSTON LONDON NEW YORK WASHINGTON, DC

2 Defending a foreign financial services company in litigation concerning Education third party fraud, including an internal investigation in Europe J.D., Boston College Law overseeing the preservation, collection and analysis of data spanning School, 2003 nearly 20 years B.A., magna cum laude, Represented a Dutch manufacturing company in resolving an Williams College, 1997 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 NEWS & PUBLICATIONS The $30 Million Lawsuit against the National Gallery over an Allegedly Stolen Matisse, Explained Artsy (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 Didnt 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 ODonnell Quoted in Sueddeutsche Zeitung, Germans 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

3 German culture foundation angers Jewish groups over Holocaust Languages dating The Art Newspaper, Quoted (November 23, 2015) Customs return ivories to London dealer after three-year battle German Antiques Trade Gazette (November 12, 2015) Spanish Why One Museum Is Fiercely Fighting the Return of Nazi Looted Artworks Bloomberg, Quoted (October 30, 2015) Awards & Honors Nicholas O'Donnell Interviewed on Fox 25 News Boston (September "Up & Coming Lawyer," 4, 2015) Massachusetts Lawyers Gift to Hitler spurs a claim for justice The Boston Globe (July 15, Weekly, 2008 2015) "Rising Star," Massachusetts Legit Galleries Can Be Duped By Thieves Boston Herald, Quoted (May Super Lawyers, (2007, 2009, 21, 2015) 2010-2012) 'Woman in Gold' Case Puts Art Restitution Claims in Perspective (May 18, 2015) Professional & Civic Podcast: Does Katy Perry own the copyright to Left Shark? Activities Massachusetts Lawyers Weekly (April 24, 2015) The Legal Guide for Museum Professionals, Julia Courtney, ed., Member, Art Law Committee, Rowman & Littlefield Publishers (2015) Nazi-Looted ArtRisks and New York City Bar Association Best Practices for Museums Publications Officer, GLMA, American Academy of Nursing and Sullivan & Worcester International Bar Association's Submit Amicus Brief with U.S. Supreme Court in Marriage Equality Art, Cultural Institutions and Cases S&W Press Release (March 6, 2015) Heritage Law Committee Heirs Seek Return Of Medieval Art From Germany Here & Now Past Vice President, Danforth (February 25, 2015) Museum of Art Board of Media Coverage - Guelph Lawsuit The Wall Street Journal, National Trustees Public Radio, National Law Journal, The New York Times, The Boston Bar Association Washington Post, CBS News, ABC News, Los Angeles Times, Boston Bar Association, Public Newsday, Chicago Tribune, etc. (February 24, 2015) Interest Leadership Program 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 Gallerys 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 gehren Adam und Eva (To Whom Do Adam and Eve Belong) Frankfurter Allgemeine Zeitung, Quoted (July 18, 2014) Huge Litigation Win for S&Ws 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 Utahs 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)

4 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) Christies 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 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? Sothebys 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)

5 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)

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