Art Law

Holland & Knight's Art Law Team provides sophisticated counsel to collectors, galleries, auction houses, museums, foundations and artists navigating the complex global art market, drawing on a multidisciplinary approach that combines transactional, regulatory and operational experience.

Our attorneys advise on a wide range of sensitive matters involving restitution, repatriation and provenance verification under international, federal and state law, leveraging various practice groups to address complex challenges.

Holland & Knight represents clients in disputes over authenticity, ownership, insurance and gallery or museum operations, as well as provides guidance on zoning, land use, permitting and large-scale installations to protect high-value collections.

Overview

Holland & Knight's Art Law Team advises clients across the rapidly evolving global art market, which has grown dramatically in recent years. Our lawyers leverage deep experience in estate and tax planning, philanthropy, corporate transactions, real estate, litigation, finance and regulatory matters to serve collectors, family offices, galleries, auction houses, museums, foundations and artists.

In recent years, the team has helped clients navigate high-value art acquisitions and sales, ownership disputes, provenance verification and restitution or repatriation claims under international, federal and state law, including the Native American Graves Protection and Repatriation Act (NAGPRA) and Holocaust-era claims.

Our attorneys also provide counsel on complex challenges involving cross-border cultural property issues, art financing, gallery and museum operations, zoning, land use, permitting and the management of large-scale installations.

With a growing global client base, our art law attorneys integrate transactional, operational and regulatory knowledge to help protect collections, structure complex deals and anticipate risks in a dynamic market shaped by generational wealth transfers, evolving regulations and an increasing scrutiny of provenance and authenticity.

Private Wealth and Estate Planning

Holland & Knight's Art Law Team works with families, collectors and artists to preserve, transfer and manage art collections across generations, drawing on the resources of the largest Private Wealth Services practice in the U.S. Our art lawyers also partner with our Family Office Group to provide a holistic view of complex family wealth structures, helping clients align their art holdings with broader financial and business objectives. Our lawyers:

advise families, collectors and artists on estate, gift and generation-skipping transfer planning
structure trusts, including art trustees or advisory boards, to preserve art collections across generations
provide guidance on international tax planning, gallery operations in the U.S. and abroad, and state-specific sales and use tax considerations
support clients in managing philanthropic initiatives, charitable giving and tax-exempt entities associated with art collections
collaborate with family offices to provide private general counsel, helping clients manage multibillion-dollar family wealth with the same rigor applied to major operating businesses

Art Transactions and Finance

Our art law attorneys advise collectors, galleries, dealers and institutions on acquisitions, sales and financing, navigating both traditional and digital art markets.

We structure transactions and provide guidance on financing, ensuring compliance with international, federal and state laws while addressing the unique legal and commercial considerations of high-value art, such as:

representing clients in primary and secondary market transactions, including direct purchases from artists, gallery acquisitions and auction house sales
structuring art financing and asset-based lending arrangements, supporting collectors, galleries and institutions in leveraging art as an investment
advising on art investment vehicles, including fractional ownership through art funds and specialized collection management strategies
guiding clients on cross-border transactions, customs and import/export considerations, including freeport and storage arrangements
providing counsel on gallery operations, including corporate structuring, entity formation and joint ventures to support sustainable business growth

Litigation and Dispute Resolution

Holland & Knight's Art Law Team represents collectors, galleries, museums and institutions in disputes involving authenticity, provenance and ownership of artworks. Our lawyers also handle complex insurance claims and provide tailored litigation, arbitration and alternative dispute resolution for the art market.

Our team regularly:

represents clients in federal, state and international courts, as well as in arbitration and mediation, to protect high-value art assets and reputations
advises galleries, museums and collectors on contractual obligations, operational issues and risk management to prevent disputes
resolves disputes over ownership, authenticity and provenance of individual works, collections and estates
guides clients through sensitive matters involving stolen, looted or misappropriated art

Cultural Property

Our Art Law Team is one of the few U.S. practices handling the complex intersection of law, ethics and diplomacy in cultural property matters. We advise clients on international, federal and state frameworks, including NAGPRA, Holocaust-era restitution claims and other global repatriation obligations. We guide museums, collectors and governments in transferring artworks and artifacts legally and ethically, capably navigating sensitive cross-border negotiations that few firms are equipped to manage.

We conduct in-depth provenance research and ownership verification to establish clear legal title, oversee the return or repatriation of cultural artifacts to rightful owners or countries of origin while managing complex ethical and diplomatic considerations, and partner with clients to ensure compliance with international treaties and domestic laws, all while protecting valuable collections and institutional reputations.

Real Estate, Zoning and Land Use

Another key area of our art law practice is advising museums, galleries and private collectors on legal matters related to land use, zoning, permitting and regulatory compliance for both indoor and outdoor art spaces. From urban gallery openings to large-scale sculpture gardens and public installations, we help clients balance a variety of aesthetic, operational and legal considerations. In California, we also help real estate developers demonstrate compliance with public art requirements imposed by local agencies and negotiate contracts with artists whose works are included in their developments.

Our attorneys:

advise on land use, zoning and permitting for museums, galleries and private collections, including expansions and renovations
support the planning and implementation of large-scale installations, public art projects and sculpture gardens, ensuring compliance with local, state and federal regulations
coordinate with municipal authorities, planning commissions and government agencies to manage approvals, variances and ongoing compliance obligations and address logistical, safety and environmental issues affecting high-value collections in urban or publicly accessible spaces
advise real estate developers when demonstrating compliance with local public art requirements
help negotiate contracts between our real estate developer clients and artists whose work is placed in their developments under both the California Art Preservation Act (CAPA) and the Visual Artists Rights Act (VARA)

Representative Engagements

Assisted a family of gallery owners with estate planning for art and coordinated the transfer of artworks to heirs
Structured gifts, appraisals and negotiations for individuals and foundations donating art to institutions
Advised non-U.S. residents on ownership structures for art located in European warehouses and represented U.S. galleries owned by foreign entities
Developed charitable planning strategies and provided tax guidance on gifts and sales of art, including compliance for non-U.S. gifts or bequests
Assisted families in transferring works by famed Mexican artists Frida Kahlo and Dr. Atl to heirs outside Mexico
Coordinated with professional appraisers in estate planning for clients' jewels and high-value paintings
Worked with family offices and private collectors to structure estates and manage art assets
Cultivated networks with art brokers, advisors, appraisers, artists, curators and institutions to facilitate authentication, acquisitions and estate administration
Advising foreign client on estate planning for $50 million classic car collection
Structured grantor retained annuity trusts (GRATs) involving major art collections to efficiently transfer multimillion-dollar value to the next generation
Negotiated international museum loans for major retrospectives of iconic artists
Negotiated donations of significant art collections, including funding for exhibitions and agreements on curation, exhibition and deaccessioning

Represented a leading international auction house in its add-on acquisition of a Massachusetts-based provider of live and online auction and appraisal services
Represented one of the largest banks in the world in connection with over $700 million in loans secured by fine art to various high-net-worth individuals or their controlled affiliates
Represented one of the largest banks in the world in connection with a loan secured by fine art to entities controlled by a high-net-worth family in Latin America
Represented prominent high-net-worth individuals and their controlled affiliate in connection with a loan secured by fine art from one of the largest banks in the world
Arranged the art acquisition for law firm offices in Dallas, Fort Worth, Houston and New York

Represented collectors in litigation regarding fraudulent transactions and consignment disputes
Litigated trust administration matters involving valuable art collections
Negotiated settlements in disputes between heirs and collectors over inherited artworks, leveraging documentation such as artist letters
Represented galleries, auction houses and collectors in complex disputes over authenticity, ownership and contractual obligations
Litigated high-stakes disputes among family members over ownership and distribution of valuable art collections
Resolved claims of stolen art on the eve of high-profile auctions

Served as in-house counsel at an intergovernmental organization in Paris, advising on multilateral conventions protecting cultural property and negotiating international agreements
Developed the first fundraising strategy for the Fund for the Protection of Cultural Property in the Event of Armed Conflict, including aligning multilateral treaty obligations with internal United Nations regulations
Oversaw policy developments and negotiations regarding the return of Holocaust-era assets and other cultural artifacts to rightful owners or countries of origin
Advised on U.S. federal law (Native American Graves Protection and Repatriation Act) and frameworks under international humanitarian law regarding the repatriation of deceased remains
Handled ambassador-level meetings on multilateral treaties protecting art in war zones, drafting legal documents and presenting projects to member states
Collaborated with diplomats, ministries of culture and defense, and world-class institutions on sensitive cross-border negotiations
Oversaw the development and establishment of an international registry of cultural property under enhanced protection and guided inaugural entries from multiple countries regarding compliance with global heritage conventions

Advised on the establishment of a museum of contemporary art, including site selection, permitting and compliance with municipal regulations
Provided legal counsel to a Manhattan art museum on land use, zoning and regulatory matters for a high-profile urban property
Assisted a Miami Beach museum in obtaining permits and navigating regulatory approvals for the addition of a new wing
Represented clients in negotiating and drafting leases for museums and galleries, addressing permitting, regulatory compliance and public art obligations
Oversaw joint ventures involving the development of commercial real estate within historic monuments and cultural centers, ensuring compliance with local, state, federal and UNESCO-related requirements
Advised on planning, permitting and operational issues for facilities housing art collections or large-scale cultural installations, including risk management and regulatory adherence