Colour..medium.res

Daniel McClean

Daniel is partner at the law, firm Cypress LLP and heads the firm’s Art Law Group. He is a consultant at the London law firm, Howard Kennedy, LLP.

He is a leading international art and cultural property lawyer.  Daniel advises a global network of important art market clients, including advisors, artists, art fairs, dealers, estates, foundations, galleries, governments, online platforms, photographers and museums.

He advises on cross-border art related litigation and dispute resolution, including claims relating to the authenticity, condition, export, ownership, sale, and value of artworks as well as disputes over agency. A large part of his practice is dedicated to art recovery, including the restitution of Nazi looted artworks to Jewish families and the repatriation of looted antiquities.

Daniel advises on art transactions from consignment agreements to art finance deals.  A large part of his practice involves structuring high value, secondary market art transactions, including risks mitigation, escrow and brokerage. He also advises on the protection, exploitation and enforcement of intellectual property rights, particularly claims involving copyright and moral rights infringement and he advises on artists’ commissioning agreements.

Daniel worked in the contemporary art world in New York (Marian Goodman Gallery) and Tokyo before becoming a lawyer and understanding the needs of his clients. He trained in the art law group at Mishcon de Reya (London)(2002-2004) and was an associate solicitor at Withers LLP (London/New York)(2005-2007) before joining Finers Stephens Innocent LLP now Howard Kennedy LLP (London) in 2008. He is an independent curator and writes and lectures regularly about art law, including at the Sotheby’s Institute of Art (London and Los Angeles).  He also writes regularly for Art Review.

______________________________________________________________________

Education:

  • BA: Philosophy, Politics and Economics, University of Oxford (2:1)(1993)
  • MA: Modern Art History, Courtauld Institute of Art, London (1995)
  • P.E, City University, London (Commendation) (2001)
  • LLM: Intellectual Property, Queen Mary College, University of London (1st)(2005)

______________________________________________________________________

Professional Rankings:

  • Legal 500 (UK) – Band 1, Next Generation Lawyer
  • Chambers & Partners (UK) –Band 2 Individual
  • Special mention Art Net-10 of the World’s Most Powerful Lawyers (April 2016)

 

Member of the the International Bar Association (Arts and Cultural Heritage Law Committee)

______________________________________________________________________

Publications:

  • Dear Images: Art, Copyright and Culture’ (Ridinghouse/ICA)(2002)
  • The Trials of Art (Ridinghouse)(2007)
  • ‘Commissioning Contemporary Art: A Handbook for Curators, Collectors and Artists’, with Louisa Buck (Thames & Hudson)(2012)
  • ‘Artistic Authorship and Legacy’ (Ridinghouse)(forthcoming 2018)