Litigation of claims concerning antiquities and Nazi-looted art is on the rise, which may indicate a decreasing willingness for compromise in this area with little black letter law. One need only open a newspaper to find reports of FBI raids, brazen thefts, civil litigation, and extra-legal demands relating to museum-quality cultural items. These CLE materials and the corresponding panel presentation explore the reasons for the recent increased attention being given to the art/cultural property/cultural heritage legal field, current litigation of such claims, modern out-of-court settlement discussions, and the market impact of these developments. It will analyze both the legal and ethical aspects of representing parties on different sides of such disputes. Discussion will implicate not just Federal Rule of Civil Procedure 11, but also Model Rules of Professional Conduct 1.13, 1.6, 3.4, and 4.1. The focus is settlement and resolution, emphasizing how legal defenses, such as statutes of limitation, and moral issues should be rectified with the interests of particular clients and the requirements of ethics codes.
Section I discusses the cultural heritage/cultural property field and the identity issues driving the art reparations movement. Section II highlights Italy’s recent highprofile and successful efforts using negotiation and criminal prosecutions to reclaim cultural objects from museums, dealers, and collectors. Section III discusses just a few of the recent cases concerning Nazi-looted art. Finally, appended are the most relevant Model Rules of Professional Conduct implicated by lawyers’ assertion, negotiation and settlement of claims to cultural objects.
