Negotiations + Contracts for Artists
Led by John S. Kiely, with Christen Martosella and Kyle Sheahen
Saturday, May 19, 2018
2pm-3.30pm
$20 / $8 for members
How can artists protect their interests when doing business with collectors, galleries, and institutions? In this workshop, we’ll explore the nuts and bolts of legal contracts and practice strategies for successfully navigating the negotiation process. John S. Kiely, Christen Martosella, and Kyle Sheahen will provide insight on topics including: what’s in a well-drafted consignment contract, representation agreement, sales agreement, and commission agreement; gallery commissions; exclusivity; required marketing efforts; damage while art is in the possession of a third party; oral agreements; breaches of contract; and more. We’ll walk through the basics of negotiation strategies and conduct mock negotiations about the terms of agreements discussed in the first part of the program, illustrating how artists can effectively advocate for themselves and both extract and give appropriate concessions during the process.
About the presenters
John S. Kiely is an Associate with Blank Rome LLP where he concentrates his practice in the areas of trust and estate planning, administration, and litigation. Mr. Kiely received his LL.M. in Taxation from New York University School of Law and his J.D. from Fordham University School of Law. Mr. Kiely received his B.A. in History, cum laude, from Washington & Lee University.
Mr. Kiely has written articles for the New Jersey Law Journal on estate litigation and frequently lectures on estate planning topics. He is a board member of the CUE Art Foundation, a member of the Young Professionals Board of the Pajama Program, a charity which provides pajamas and books to impoverished children, vice-president of a coop board, and an active member of The Junior Associates of The Museum of Modern Art (MoMA). Mr. Kiely regularly provides pro-bono advice to artists, and has provided pro-bono counsel to multiple federal inmates seeking amnesty.
Christen Martosella is an Associate at Sullivan & Cromwell LLP, where her practice centers on litigation. She received her J.D. from New York University, and her B.A. in Literature from Yale University. Ms. Martosella is a member of the board of Directors at CUE Art Foundation.
Kyle Sheahen is a senior associate in the Special Matters and Investigations practice in King & Spalding’s New York office. His practice focuses on white collar criminal defense litigation, federal and state government investigations, corporate internal investigations, and advice concerning corporate compliance programs. Mr. Sheahen earned his law degree from the University of California, Los Angeles, where he was a managing editor for the UCLA Journal of International Law and Foreign Affairs. He received his undergraduate degree in history from Cornell University.
Mr. Sheahen is a commentator and speaker on various white collar and compliance topics, including data privacy and security and cross-border investigations. He also serves on The American Lawyer’s Young Lawyer Editorial Board and the board of directors of CUE Art Foundation in New York City.