WHAT IS ART?

"Art" and "Collectibles" has been broadly defined by the IRS to include tangible personal property such as paintings, watercolors, prints, drawings, sculpture, ceramics, antique furniture, decorative arts, antiques, textiles, carpets, silver, rare manuscripts, historical memorabilia, antiquities, ethnographic art, collectibles, gems and jewelry, furs, silverware, paintings, etchings, engravings, antiques, books, statuary, vases, oriental rugs, coin or stamp collections, historical fixtures once attached to real estate, and other similar objects.

ART LAW SERVICES

Art Law is a very unique and specialized combination of business law, personal property law, valuation law and tax law related to the client’s art and collection management and estate planning matters. We provide the following services for our clients:

COLLECTORS TAX AND ESTATE PLANNING

• Collection Management
• Revocable and Irrevocable Trusts for Art and Collections
• Charitable Trusts for Art and Collections
• LLC Holding Entities for Art and Collections

PRIVATE, GALLERY AND AUCTION PURCHASES AND SALES

• Acquisitions and Purchases
• Consignment Agreements
• Agreements of Sale
• Bill of Sale
• Agent Agreements & Negotiations
• Auction Consignment Agreement Negotiations
• Valuation Consultation Services
• Like Kind Exchanges

CHARITABLE DONATIONS OF ART AND COLLECTIONS

• Related Use Organization Confirmation
• Qualified Appraiser and Appraisal Consultation and Assistance
• Charitable Organization Acceptance Confirmation
• Deeds of Gift
• Fractional Interest Donations
• Bargain Sale Donations
• Bequests

ARTISTS/DEALERS

• Artists Consignment Agreements
• Artists Commissioned Work Agreements
• Artists Copyright and Moral Rights Issues
• License Agreements
• California Artists Resale Royalty Act Enforcement and Monitoring Assistance
• Public Art Issues

MUSEUMS

• Loan Agreements
• Acquisition Purchase Agreements
• Sales, Deaccessions
• Charitable Bargain Sale Agreements
• Donor Assistance
• Donee Form 8282 Related Issues
• Valuation and Appraisal Consultation Services

Our attorneys' interest in this field of law extends beyond their everyday practice.

Joy Berus is a member of the California Lawyers for the Arts and is Affiliate Member of the American Society of Appraisers, personal property division which includes fine and decorative arts and antiques and historical memorabilia.

Among the four primary causes of lost family wealth - poor tax planning, unchecked spending, bad investments, and lawsuits - the latter is typically the greatest concern to most business owners. The first three can generally be addressed through planning, but a lawsuit can come without warning and threaten a person’s wealth and a business’ existence.

There was a time when "He who had the gold, ruled." Nowadays, "He who has the gold, pays!"

Asset protection planning is the method of preparing for the possibility of future lawsuits by rearranging the ownership of assets so that they are beyond the reach of potential third party creditors. It can act as a form of supplementary insurance in an overall strategy to protect you from the risks associated with your industry, businesses and professions, however, insurance policies have limits and exclusions.

What is your risk tolerance?

If you have enough assets to require a personal estate plan to avoid death taxes, then you are probably a good candidate for asset protection planning to protect those assets from lawsuits before death.

FAMILY ASSET PROTECTION

We use a variety of estate-planning tools to enable clients to control the distribution of accumulated assets to family members both before and after death. We deal with the complex network of laws governing taxes, gifts, estates and trusts and we use that knowledge to help clients fulfill their short and long-term goals. Available areas of representation include:

• Simple and complex will creation
• Establishment of revocable, irrevocable and charitable trusts
• Structure of family limited partnerships
• Estate and gift tax review
• Estate and probate administration
• Estate and trust litigation
• Limited liability entities
• Asset protection trusts
• Off-shore trusts

INDIVIDUAL ASSET PROTECTION

We help individuals plan for the future and direct the outcome of circumstances that may arise. Through advice and the creation of financial planning and independent living option documents, our clients maintain control of their lives and assets and continue their independence throughout their senior years. Available areas of representation include:

• Pre- and post-marital agreements
• Property ownership, contract drafting and review
• Retirement planning (pension, profit sharing, employee stock option, 401(k) and individual retirement accounts)
• Living trusts, special needs trusts, and other disability planning
• Medical powers of attorney, durable powers of attorney and medical directives
• Guardianship alternatives

BUSINESS ASSET PROTECTION

We provide businesses of every size with legal advice and assistance in order to help them organize and grow successfully. We focus our representation of business clients on maximizing opportunity and minimizing personal and corporate exposure and risk. We have particular expertise in advising franchisees.

BUSINESS AND CORPORATE STRUCTURE, GROWTH AND TRANSACTIONS

• Advice for selection of business entity
• Formation of corporations, limited liability partnerships, and limited liability companies
• Services as general counsel
• Equipment financing and leasing
• Acquisitions and mergers
• Contract negotiation, drafting and review
• Tax planning and counseling
• Business succession planning including generational transfers

Employment law covers a complex network of laws that controls how employers must treat employees, former employees, and applicants for employment. We have significant experience in interpreting and construing state and Federal statutes and case law in areas such as employment discrimination, affirmative action, sexual harassment, employee benefits, whistleblower litigation, wrongful discharge, employment contracts, the Americans With Disabilities Act, the Family Medical Leave Act, the Worker Adjustment and Retraining Notification Act, the Federal Employer's Liability Act, the Occupational Safety and Health Act, and special laws governing municipal employment.

We regularly act as counsel for employers in litigation alleging age, race, sex or handicap access discrimination. Our attorneys have the experience and technical expertise to handle class actions and document intensive litigation matters.

We use our business and litigation experience to assist clients in avoiding litigation by reviewing employment policies, and developing employment guidelines, employee handbooks, and training manuals that comply with existing law. We also educate clients on new developments in employment law, enabling clients to avoid the trouble spots presented by the ever-changing realm of employment.

We represent individual and business clients in all forums in our Business and Commercial Litigation practice. Whether the controversy arises in the federal or state courts or in an administrative or alternative-dispute-resolution proceeding, we strive to advance our clients' business goals and objectives while resolving the litigation in the most creative, cost-efficient and expedient manner available. We also provide guidance to our clients on methods of avoiding litigation and advice on using negotiation, mediation, and other non-litigation alternatives in order to resolve business and commercial disputes.

We have experience handling a wide range Business and Commercial Litigation including:

• Trademark and franchise law
• General, contract and commercial litigation
• Construction defect
• Banking, finance and real estate
• Employment counseling and related litigation
• Insurance coverage and bad faith litigation
• Enforcement of international commercial contracts
• Enforcement of foreign judgments
• Protection of intellectual property rights
• Prosecution and defense in maritime cargo cases

We represent individuals and business clients in construction, development, lending, brokerage, leasing, and other aspects of the real estate industry throughout California. We have the experience and expertise to assist commercial developers, large and small corporations and real estate lenders, brokers, investors and title insurance companies, in real property matters.

We provide real estate counseling for owners of commercial buildings, shopping and industrial centers, single and multi-unit residential real estate projects and other types of properties.

We provide the following services:

• Purchase including the acquisition and sale of REO properties
• Sale
• Lease
• Operation
• Financing
• Litigation representation
• Property management and broker agreements
• Contractor, engineer, architect and construction management agreements

INTERNATIONAL BUSINESS AND TAX PLANNING

Tax-efficient planning for transactions and business operations is an integral part of any sound business decision. We advise clients on the legal and tax aspects of acquisitions and dispositions, mergers, and financial structures and products, and business operations. We analyze alternatives and develop cutting-edge planning solutions that achieve clients' business objectives while minimizing their tax liabilities. Our expertise, experience and judgment enable us to craft creative, responsive and cost-effective legal solutions to business and tax planning issues including federal, state, local and international taxation of corporations, partnerships, individuals, trusts and estates and tax-exempt entities. We routinely advise clients on a wide variety of business matters including acquisitions and general business planning. We also regularly represent clients in tax controversies before federal and state agencies, in audits, as well as in administrative appeals, competent authority relief, collection issues and litigation.

We have particular expertise in:

• Assisting importers and exporters with their international transactions especially regulatory compliance with Customs laws
• Strategic Planning for new businesses properly enter the international marketplace
• International E-commerce counseling and regulatory compliance

WHAT CAN AN ESTATE PLAN DO FOR YOU?

• Maintain control of businesses and other assets during times of incapacity
• Provide security for both the grantor and their beneficiaries
• Provide for minors or special needs children
• Minimize estate taxes and administrative fees
• Provide expert management of estate assets
• Avoid the time and expense of Court supervised probate proceedings
• Avoid the time and expense of Court supervised conservatorships
• Maintain privacy
• Business Succession Planning

Please contact us if you should need counsel regarding the following:

• Contested Trusts and Estates
• Decedents Estates
• Estate Administrations
• Estate Litigation
• Estate Planning
• Estate Planning for Parents of Handicapped Children
• Estate Planning for the Disabled
• Estate Planning for Unmarried Couples
• Estate Settlement
• Family Trusts
• Family Wealth Transfer
• Fiduciary Law
• Fiduciary Liability
• Fiduciary Litigation
• Financial Planning
• International Estate Planning
• International Trusts
• Living Trusts
• Offshore Trusts
• Personal Planning
• Powers of Attorney
• Retirement Planning
• Special Needs Trusts
• Trust Administration
• Trust and Estate Collections
• Trust Law
• Trust Litigation
• Trust Planning
• Wealth Preservation