Art and Luxury law is a rapidly evolving field, domestically and internationally, with legal issues affecting all aspects of the art world. David Avellar Neblett, Esq., B.C.S. combines his litigation expertise and business acumen with a passion for art and 30 years of collecting to lead the firm’s art practice. David studied art (photography) and art history at the University of Miami where he received a minor in Art History and a minor in Anthropology. David continued with his passion after college and is now an avid collector of Cuban and Contemporary Art, Photography, Antiques and Maritime Flasks and Bottles from the nineteenth century.
Perry & Neblett P.A. is well-situated in South Florida to represent artists, investors, collectors, dealers, auction houses, brokers, museums and galleries in contractual and litigation matters involving sales, consignments, purchases of artwork, commission, fraud, authenticity claims and damage and insurance claims related to art and luxury goods and collectibles.
Put Our Passion for Art and Law to Work for You.
Art is unique and legal issues regarding art and luxury goods often require unique solutions. Art and luxury goods may provide complex issues, but also provide buyers, sellers, brokers, galleries, museums, investors, and collectors with unique opportunities. Perry & Neblett P.A. and David Neblett know the art community and the art and luxury markets. With experience working with artists, galleries, watch dealers and individual collectors we understand the specific needs of our clients and are always looking for the best ways to support our clients’ interests. We work with leading industry experts and have built strong and vibrant relationships across the country and world, which we can call upon when needed by our clients.
Our firm handles transactional and litigation matters involving fine art and collectables in the following areas:
The art world has traditionally relied on undocumented transactions, which can lead to a host of problems and disputes. We can help you put agreements writing or resolve disputes resulting from “handshake-only” deals. This not only alleviates issues in the future but provides for security in transactions and excellent provenance that can be used for future transactions or for Trust and Estate planning.
Purchases, Sales & Consignments
Unfortunately, fine art and collectable purchases often go awry, particularly when dealing with the grey market or within the auction space and online auction space. Our lawyers are here to help prevent these issues from occurring and to rectify problems connected to payment/nonpayment and misrepresentations of art and antiquities in the marketplace.
Theft and Fraud
The digital age has unleashed a new era of art theft by making it extremely easy for thieves to steal art and images and making it easy for unscrupulous individuals to forge art and luxury goods. We assist artists, dealers, collectors and owners seeking justice in the wake of these crimes.
When art, watches, antiques and/or other luxury goods get damaged or stolen, we work to ensure that insurance companies provide proper compensation for losses. Just because you do not have a piece specifically insured or “listed” in a collections policy, we may be able to assist you recover for your loss.
Dispute Resolution & Litigation
When art and luxury goods related conflicts arise, our team of advocates vigorously fight for your best interests both outside and inside of the courthouse.
Trust, Estate, Probate, and Tax Matters
Wills, inheritances, and donations of artwork can all raise a myriad of issues and possibilities. Art and luxury goods including watches and jewelry are not only to be enjoyed but can significantly increase in value and can be passed down to future generations. David Avellar Neblett and the firm’s attorneys will help you navigate any questions, disagreements, or lawsuits caused by wealth transfers and can help you and your family plan for the future.
Representing Artist, Galleries, Estates & Commercial ventures
If you are an artist, dealer, own an art-related business or are considering starting one, our lawyers will lend their business and legal acumen to your project. The modern world of art and luxury is much more than your skills and who you know. Business strategy, insurance procurement and management, planning and compliance are now required prerequisites. We can start you on the right path or make sure that you are following the road to success.
Our attorneys can provide advice on federal and international regulations including the Anti-Money Laundering Act of 2020 and the National Defense Authorization Act for 2021, which included language requiring art and antiquities dealers to comply with the Bank Secrecy Act.
You need art-focused legal counsel with skills you can rely on.
We have experience in a variety of areas, and we are committed to our clients’ success by providing the highest level of services at cost-effective rates. Our clients include high net-worth individuals, non-profit organizations, art experts and scholars, art authenticators and scientists, emerging artists and collectors. As skilled advocates and patrons of the arts, we are deeply committed to the success of our clients.
We have a broad art law practice encompassing both transactional matters and litigation and assist clients on all legal issues related to the acquisition, retention and disposition of fine art, and rights to works of artistic creation. We counsel clients on all issues related to the purchase, sale, and ownership of art, in addition to issues related to the creation of fine arts.
Our attorneys advise clients on all areas of due diligence, litigation, alternative dispute resolution, and transactions related to artwork, the art market, and the art world. These transactions include the acquisition of valuable art assets, drafting of consignment agreements, the public and private sale of art, the organization and implementation of major exhibitions, charitable giving, structuring business agreements, drafting contracts, complying with international and domestic customs procedures, recovering stolen and looted works for collectors and insurance companies, demanding the return of art looted during conflict, and advising clients on art-related criminal and tax matters. We represent artists, collectors, dealers, auction houses, museums, non-profit organizations, and art market experts both in the United States and abroad. Our firm is also active in the field of art financing. We assist with art-based financing, including art-backed loans for collectors and galleries.
Art and Cultural Heritage Law
The purchase and sale of cultural items is complex and regulated by international laws. Perry & Neblett P.A. provides guidance and legal expertise on complex cultural heritage issues related to compliance with international treaties, the domestic and international importation of antiquities, restitution claims by cultural ministries and governmental agencies, and all legal matters related to the purchase and shipment of cultural heritage materials and items.
Luxury Goods, Watches, Furniture and Fashion Law
Whether representing designers, innovators, start-ups, or large companies, Perry & Neblett P.A. is committed to protecting and enhancing the value of our clients’ luxury goods, collectibles, and fashion items. We work with clients to create, enforce and protect intellectual property rights, develop their brands, license their brands and products, protect against defamation, copyright infringement and enrich their assets to ensure optimal returns over time.
We also work with collectors, dealers, and investors as they acquire and sell luxury items. As with artwork, watches, furniture and other luxury items are valuable collectibles that need to be authenticated, insured and appraised for tax purposes. The firm assists with title disputes, authentication, and the purchase and sale of valuable items. Our representations have included matters concerning yachts, vehicles, fine watches, collectibles, luxury handbags, Persian carpets and valuable tapestries, musical instruments, designer furniture, antiques and decorative objects.
Art law is multidisciplinary and encompasses numerous areas of law. A useful definition of “Art Law” is found in Robert C. Lind, Robert M. Jarvis & Marilyn E. Phelan, Art and Museum Law (2002):
Art law, simply put, is the body of law, involving numerous disciplines, that protects, regulates and facilitates the creation, use and marketing of art. Art law is not a separate jurisprudence or unified legal doctrine that applies to all of the issues confronting those in the art world. Those involved in the practice of art law look to a variety of disciplines, such as intellectual property, contract, constitutional, tort, tax, commercial and international law to protect the interests of their clients. Some of these legal principles are national in scope, while others vary according to the development of state law. Increasingly, the creation, sale, collection and display of art receive specialized legal treatment by statute, ordinance, regulation, treaty or case law.
Although “art” in the broad sense of the term includes “the arts” (music, film, theater, literature, et cetera), art law as traditionally defined concerns only works of fine art and/or the visual arts. Additionally, art law is closely related to, and often overlaps with, the area known as cultural property law.