Art, Wine, Automobiles & Collectible Assets

Art, wine, and other collectibles such as classic cars and jewelry, have become asset classes in their own right. Owners of art, wine and other collectibles not only buy and sell these valuable assets, but borrow against them, challenge threats to their authenticity, donate them to charity, and pass them on to their heirs.

High-net-worth individuals, family trusts, foundations, art funds and other entities with portfolios of valued collectibles must necessarily engage in a full range of transactions and litigation requiring the services of lawyers with experience specific to their needs.

JMBM's Art, Wine, Automobiles & Collectible Assets Law Group is a multi-disciplinary group of lawyers who work together to handle the myriad issues that might arise throughout ownership of such valuable assets. Whether it's due diligence and documentation or a thorny intellectual property issue, a contract dispute or a critical tax matter, we are here to help protect your – or your clients' – interests.

On behalf of clients, our lawyers have handled the following:

• Art. The auction of a significant collection of twentieth century artwork valued at approximately $100 million.
• Wine. The sale of a major winery and other real estate assets to a billionaire.
• Automobiles. The auction of an important collection of rare automobiles.
• Jewelry. For Cosmos Jewelry Ltd. – known as Denny Wong Designs – the maker of the highly recognizable and federally registered Tropical Memories Plumeria flower jewelry, JMBM prevailed before the U.S. Court of Appeals for the 9th Circuit in a challenge to the $2.3 million damages award it won against Los Angeles company Po Sun Hon Co. and its owner for trade dress infringement and unfair competition.
• Coins. Handled specific legal matters for a prominent auctioneer of rare coins.

Legal services provided by the Group's lawyers include:

• Purchase and sale, including private sales
• Documentation for loans secured by assets
• Due diligence: value, title, condition, provenance, authenticity
• Private and public commission of assets
• Auction and dealer consignments
• Expert advisor and consultant agreements
• Structuring art funds
• Transportation and storage issues
• Securitization of collectible assets

• Contract disputes
• Insurance recovery
• Breach of warranty
• Ownership disputes
• Licensing and merchandising disputes
• Design patent disputes
• Copyright infringement
• Trademark infringement
• Fraud
• Government investigations
• Internal investigations
• Restitution claims
• Moral rights (domestic & foreign)
• California Art Preservation Act
• Visual Artist Rights Act (VARA)
• Dispute resolution, including cross-border disputes

• Tax planning: sales, use, personal property, capital gains
• Structuring foundations and trusts
• Charitable giving of assets
• Trust and estate planning for owners of assets
• International tax issues
• Resale royalties (California, domestic and foreign)

• Copyright and copyright infringement
• Trademark and trademark infringement
• Licensing and merchandising agreements
• Design patents
• Moral rights (domestic & foreign)
• California Art Preservation Act
• Visual Artist Rights Act (VARA)

Many of our lawyers share your interest in collectible assets and appreciate the personal enjoyment derived from these assets, as well as their value as investments. We understand your need to protect these assets and invite you to call on us.