Azmina Jasani

London Office
T: +44 (0)20 3668 5620
F: +44 (0)20 3668 5601

ajasani@constantinecannon.co.uk
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Azmina is a senior associate in the Art and Cultural Property Law Group of Constantine Cannon LLP and concentrates her practice on all aspects of art law.  She is dual qualified to practice law in New York and England & Wales, and has significant experience working with international collectors, large and small galleries, auction houses, professional advisers, dealers and financial institutions on contentious and non-contentious matters.

In 2017, Legal 500 recommended Azmina in the area of Art and Cultural Property Law, describing her as being “well versed in both UK and US laws.”

She advises clients on the sale and purchase of important works of art bought and sold privately or at auction, on consigning works to auction houses and galleries, on using art as collateral for loans, on loaning artworks to museums or special exhibitions, on copyright and other intellectual property rights, and on operating an e-commerce business, particularly online-only auctions.

In addition to her transactional experience, she has substantial litigation experience in the area of copyright infringement, authenticity, title disputes, consignment disputes, general contract and complex commercial disputes, including fraud and World War II restitution.

Prior to joining Constantine Cannon, Azmina spent four years as an associate in the New York office of Withers Bergman LLP, where her primary focus was art litigation. She also spent two years as an associate in the New York Office of Schulte Roth & Zabel LLP, where she advocated on behalf of corporate and hedge fund clients on matters relating to securities fraud and contractual disputes.

Azmina received her J.D. from the University of California, Berkeley School of Law (Boalt Hall), and her B.A., summa cum laude, from Queens College, City University of New York.

Significant Representations

Successfully defended artist Claes Oldenburg against a frivolous claim of copyright infringement.

Successfully represented a private collector recoup his monies in an authenticity dispute with an auction house in relation to a work of art valued at approximately USD $5,000,000.

Acting for high end art collectors and international art galleries in the acquisitions and sale of art – in 2015 and 2016 the total value transacted was in excess of £200 million.

Cariou-v-Prince, Gagosian Gallery and Gagosian: Successfully defended Gagosian Gallery and Lawrence Gagosian in a landmark U.S. copyright infringement action relating to the question of fair use.  Helped persuade the United States Court of Appeals of the Second Circuit that 25 of the 30 secondary works at issue were protected as fair use, saving them from destruction under an injunction imposed by the lower court, and protecting the Gallery from claims of copyright infringement as well as a claim of vicarious and contributory infringement in relation to those works.

Successfully assisted Marlborough Gallery in estopping a fine art auction house from selling an inauthentic work of art that was wrongly attributed to artist Claudio Bravo, whose estate is represented by the Gallery.

Safflane Holdings Ltd. et al.-v-Gagosian Gallery, Inc.: Represented Gagosian Gallery in connection with a commercial dispute that arose as a result of Charles Cowles improper sale of a painting entitled “Innocent Eye Test” by Mark Tansey, which partially belonged to the Metropolitan Museum of Art.  Facilitated a complex settlement whereby all parties involved were made whole, and the painting was returned to the Met.

Cowles-v-Gagosian Gallery, Inc.: Represented Gagosian Gallery in connection with a consignment dispute involving a painting entitled “Girl in Mirror” by Roy Lichtenstein.  This dispute was settled.

Represented a prominent collector in a government investigation in connection with the sale of a painting by artist Claude Monet.  The government investigation was not against our client, but against the sellers, and our client was simply assisting the government in its investigation.

 

Practice Groups

Admissions

  • Solicitor, England & Wales
  • Member of the New York State Bar
  • Member of the US Court of Appeals for the Second Circuit
  • Member of the US District Courts for the Southern and Eastern Districts of New York

MEMBERSHIPS

Professional Advisors to the International Art Market (PAIAM)
International Bar Association
American Women Lawyers in London

RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS

Speaker, “The differences between the New York and London art markets from a legal perspective and what the future holds post Brexit and US elections”, Art Business Conference, New York, April 2017
Author, “Lending to Museums”, Special Report: Art, Auctions & Antiques, Vol. 156 No., 3 March 2017. Click here to read the article.
Co-author, “Free Agents? Secret commissions and poorly defined relationships in art transactions pave the way for litigation”, RICS Property Journal, February 2017. Click here to read the article.
Co-author, Protecting the artist’s legacy, South Asian Art Market Report 2017. Click here to read the article.
Author, “Should the Artist Get the Last Word Regarding Attribution?”, WealthManagement.com, September 2016. Click here to read the article.
Co-author, “Small print, big issues”, RICS, September 2016. Click here to read the article.
Author, “Brexit and the British Art Market”, WealthManagement.com, August 2016. Click here to read the article.
Quoted, "Art lenders outside the U.S. get creative", The Art Newspaper, March 2016
Guest Lecturer, Courtauld Institute Law Society, "Copyright & Fair Use", London, March 2016
Guest Speaker, Art & Law Seminar, National Museum, Delhi, India, February 2016
Co-Author, “Consumer Rights Act 2015, New Consumer Remedies: Be Prepared”, Antiques Trade Gazette, October 2015. Click here to read the article.
Speaker, Fair Use Under US Law: Experience of the Cariou v Prince Litigation, Institute of Art and Law, London, June 2015
Azmina regularly publishes articles on http://www.artatlaw.com/.

LANGUAGES

Hindi
Gujarati
Urdu

The London office of Constantine Cannon is a separate and independent limited liability partnership registered in England and Wales (with registered number OC376384) with a registered office at 1 Paternoster Square, London EC4M 7DX. Constantine Cannon LLP in London is authorised and regulated by the Solicitors Regulation Authority. The word "partner" denotes a member of Constantine Cannon LLP, or an employee or consultant with equivalent standing and qualifications. The professional rules applicable to the firm are available at the SRA website at www.sra.org.uk/rules.