Dean R. Nicyper

Partner and Co-Chair US Litigation

  • Education: Marlboro College, cum laude, B.A. • American University, Washington College of Law, magna cum laude, Law Review, Senior Federal Circuit Editor, J.D.
  • Admitted: 1986, State of NY
  • Year joined: 2014
  • Year became partner: 2014

Overview

Mr. Nicyper’s practice has focused on commercial disputes, art law, intellectual property, product liability, and securities litigation and investigations. He also has litigated matters involving mergers and acquisitions, the First Amendment, media, constitutional law, and environmental contamination. He has handled trials and cases in federal and state courts around the country. In addition, Mr. Nicyper has negotiated and drafted many agreements in art and intellectual property transactions.

Among his various clients, Mr. Nicyper has successfully represented one of the two largest art auction houses in dozens of lawsuits covering a broad range of art law related issues, such as authenticity of works of art, art fraud, auction law, consignment obligations as well as rights and obligations of parties in loan transactions where works of art have been pledged as collateral. He also has represented artists and their families and foundations, art dealers and agents, art collectors and art appraisers in many art-related disputes. He was lead counsel in the initial cases uncovering the two largest art fraud scandals in the past 15 years. He has appeared as a commentator on “Good Morning America” discussing art law issues. In addition, he provided the leadership as chair of a bar association committee that resulted in the drafting and enactment of New York legislation detailing the rights and obligations of dealers and artists in art consignment relationships. He recently served a three-year term as the Chair of the Art Law Committee of the New York City Bar Association.

Mr. Nicyper also has extensive experience in product liability litigation around the country. Court TV relied on his product liability expertise, having him appear several times as a commentator for featured product liability cases.

He also represented large investment institutions in connection with investigations by the Securities and Exchange Commission, as well as in private civil actions. He additionally has extensive experience defending clients against securities law claims.

Mr. Nicyper's environmental litigation experience has primarily involved groundwater contamination, soil contamination and hazardous waste issues. He has handled large Superfund cases as well as responses to state and federal environmental investigations around the country.

Publications and speaking engagements

  • Quoted, "Withers attorney analyzes New York antiquities scandal," Greenwich Time, January 12, 2017.
  • Panelist, "Red Flags and Due Diligence, Fraud in the Contemporary Art Market: the Lessons of the Knoedler and Johns Scandals," New York Bar Association, June 2016.
  • Quoted, "Why would the De Soles settle their claim against Knoedler and Freedman?," The Art Newspaper, February 11, 2016.
  • Moderator, "Rethinking Art Authentication," Art Law Committee of the New York City Bar Association, December 2015.
  • Speaker, "Updates: Art Authenticity Legislation," Art Law Day, Appraisers Association of America and NYU School of Professional Studies, November 2015.
  • Panelist, "Art Law: Authentication, Past and Present Proposed Legislation," New York City Bar Center for CLE, November 2015.
  • Quoted, "Have Multi-Million Dollar Forgery Scandals Changed the Art Market for Good?," Artsy.net, October 2015.
  • Speaker, "Updates on Art Authentication and Attribution: Policy and Technology," The Aspen Institute, 2015 Artist-Endowed Foundation Leadership Forum, October 2015.
  • Speaker, "Art Authentication and Consignment Risks and Obligations," CLE for New Jersey Legislative Offices, April 2015.
  • Panel Chair, "Developments in the Law Concerning Good Faith Purchasers of Art," Hot Topics in Art Law, New York City Bar Center for CLE, November 2014.
  • Speaker, "Buyer Beware Seller Beware Authentication and Consignment Risks and Rewards," Rago Arts and Auction Center Open House May 2014.
  • Panel Chair, "Hot Topics in Art Law 2014," Association of the Bar of the City of New York, March 2014.
  • Speaker, "Authentication: Restoring Voice to Scholars," New York State Bar Association, Entertainment, Arts & Sports Law Section, February 2014.
  • Speaker, "Authentication: Restoring Voice to Scholars," The Catalogue Raisonné Scholars Association, February 2104.
  • Panelist, "Artist Dealer Relationships," Parsons The New School for Design November 2013.
  • Panel Chair, "Issues With Artists, Post-Post Disaster," Appraisers Association of America, Art Law Day, November 8, 2013.
  • Speaker, "Authentication and VARA: Opinions, Liabilities and Protections," DeWitt Stern Fine Art and Artnews Forum, May 2013.
  • Panelist, "Duty of Care: Hidden Authentication Issues," Appraisers Association of America, Art Law Day, November 2011.
  • Panelist, "Sex, Art and the First Amendment" The Ever-Changing Legal Canvas  by Art Law & Culture Society, Cornell Club, April 2010.
  • Panel Moderator, "Legal Issues in a Down Market," Appraisers Association of America, Art Law Day, November 2009.
  • Panelist, "When Consignments Fail; Salander O'Reilly Galleries, A case in Point," Visual Arts & the Law, San Francisco, October 2009.
  • Panelist, "The Law of Bailments and Consignments in Art Transactions," Art Litigation and Dispute Resolution Institute, New York County Lawyers Association, November 2008.
  • Author, "Rights of Lenders Accepting Works of Art as Collateral," NYSBA Entertainment, Arts and Sports Law Journal, Spring 2006.
  • Author, "Seller Beware: Rights in Works of Art Used as Loan Collateral," New York Law Journal, February 2006. 
  • Speaker, "Developments in the Law Concerning Looted Art and Antiquities and Their Effect on Art Dealers and Collectors," New York City Bar Program "Acquiring Art and Antiquities: What Every Seller and Acquirer Must Know" (November 30, 2006, New York, New York)
  • Speaker, "Collectors' Rights and Risks," UBS Art of Leadership Series, UBS, November 2006.
  • Panelist, "Maintaining the Integrity of Electronic Records and Using Them in the Courtroom," Changing Face of Risk Management Forum, San Francisco, April 2001.
  • Courtroom Television, Maddox v. Brown & Williamson, June 2, 1998.
  • Courtroom Television, Maddox v. Brown & Williamson, May 2, 1998.
  • Courtroom Television, "Prime Time Justice," July 31, 1996.
  • Author, "New Law Limits Liability For Year – 2000 Disclosure," The National Law Journal, November 1998.
  • Author, "Attorneys’ Fees and Ruckelshaus v. Sierra Club: Discouraging Citizens From Challenging Administrative Agency Decisions," The American University Law Review, 1984.

Memberships

  • Member, American Bar Association, Intellectual Property and Litigation Sections
  • Member, Association of the Bar of the City of New York; Chair of the Art Law Committee 2013-2016
  • Member, New York State Bar Association, Entertainment, Art, and Sports Law Sections
  • Member, Copyright Society of the United States
  • Board of Trustees, Marlboro College 1999-present; Chairman 2010-2016; Vice Chairman 2004-2010
  • Board of Directors, American Horse Trials Foundation, Inc. 1993-present

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