Peter R. Stern

McLaughlin & Stern's art law practice is led by Peter R. Stern who is Counsel at the firm. Peter R. Stern maintains a general practice and has been involved with legal matters in many areas, including corporate, estate, trust and foundation matters. In particular, he specializes in litigation, especially commercial and contractual disputes.

Mr. Stern is equally active in representing plaintiffs and defendants in both federal and state courts. He has represented a number of nationally-known entities and persons.

Mr. Stern's general practice includes specialization with respect to art-related matters and clients. He has provided general counseling to and representation of in excess of 100 galleries/dealers, 100 artists and artists' estates, many collectors, a number of auction houses and insurance companies. These activities relate to a wide variety of commercial or transactional matters, such as the formation of art-related businesses or ventures and sale, consignment, loan or representation agreements.

Mr. Stern is highly experienced in art-related litigation. He has handled countless disputes relating to art, including numerous cases as to the authenticity and ownership of artworks. For nearly 25 years he was an outside counsel to a major auction house, handling in excess of 150 matters.

Mr. Stern has been active with a number of not-for-profit institutions. In particular, he has been a member of the Board of Directors of Volunteer Lawyers for the Arts (1995 to date); Chairman of the Board (1999-2009) and Chairman Emeritus (2009 to date). He is also on the Art Advisory Board of the Internal Foundation for Art Research.

A number of published articles have written about Mr. Stern and have regularly described him as one of the leading art lawyers in the country. These include: Art & Auction, August 2006; Art & Auction, December 1998 ("Power Bar"); Arts Magazine, January 1991 ("Should I Become an Art Lawyer?") and Art & Auction, October 1987 ("America's Hottest Art Lawyers").

Prior to joining McLaughlin & Stern as Counsel, Mr. Stern was a partner in the firm of Berger Stern & Webb and its predecessor firms (1980-2003). Prior to that, Mr. Stern was associated with Winthrop Stimson Putnam & Roberts (1974-1980).

Mr. Stern obtained his B.A. (1969) and J.D. (1972) from Columbia University, where he was writing and research editor for the Columbia Journal of Law and Social Problems, Mr. Stern clerked for Judge Edward R. Neaher of the United States District Court for the Eastern District of New York (1972-1974).

Mr. Stern is admitted to the New York State bar (1973) and is admitted to practice in the bars of the U.S. District Courts for the Southern and Eastern Districts of New York (1973); the U.S. Court of Appeals for the Second Circuit (1975); the U.S. Supreme Court (1979); the U.S. Court of Appeals for the Federal Circuit (1984); the U.S. Court of Appeals for the Third Circuit (1995); and the U.S. Court of Appeals for the D.C. Circuit 2001).

Mr. Stern speaks fluent French and understands Spanish.

Mr. Stern is listed in Who's Who in America and Who's Who in American Law. He is AV® Peer Review Rated by Martindale-Hubbell.

Commercial/Transactional Engagements:

Mr. Stern has counseled clients with respect to diverse matters, including:

-Sales, purchases, consignment, loans of artwork. These have involved transactions in excess of $200 million.

-Artist/dealer relations and contracts

-Catalogue Raisonné activities

-Organization of corporations, LLCs, partnerships and other entities

-Purchase and sale of art businesses

-Estate planning and administration

-Not-profit organization activities, including representation of the Art and Antique Dealers League

Litigation Engagements:

Mr. Stern has handled many art-related litigation matters, many of which do not become public. As well as being highly successful in public litigations, Mr. Stern has also been successful in resolving many matters without the need of public litigation. In particular, Mr. Stern has handled many cases relating to:

-Authenticity of art objects. Disputes relating to such artists as Archipenko, Benton, Cassatt, De Kooning, Diebenkorn, Gauguin, Hine, Kensett, LaFarge, Leger, Modigliani, Picabia, Reynolds, Riopelle, Schwitters, Warhol.

-Title to property, including cases involving claims to artwork asserted by the Republic of France (Tissot painting) and the Philippines (Marcos property) and cases relating to the ownership of stolen property, including property misappropriated during World War II.

-Artist-dealer disputes (nearly all confidential).

-Seller-purchaser disputes, such as breaches of consignment and sale agreements (nearly all confidential).

Memberships

-Association of the Bar of the City of New York (Member, Art Law Committee)

-New York State Bar Association (Member, Art Law Committee)