Enrique E. Liberman

Managing Partner

Enrique is a corporate transactional attorney with extensive experience in representing both private and public companies in a broad range of transactions, including mergers and acquisitions, asset sales, private equity fund formation, joint ventures, structured finance, secured transactions, venture capital investments, securities offerings, licensing and employment matters. Enrique regularly serves as outside general counsel to the firm’s corporate clients providing seasoned legal advice in relation to their governance and operations. Throughout his legal career, Enrique has sought to maintain an international focus to his practice and has worked on cross border matters involving parties from, or dealing with the markets of, Latin America, Europe, the Caribbean, the Middle East, North Africa and Asia. He chairs the firm’s various transactional practice groups.

In addition to his corporate transactional expertise, Enrique is a recognized authority on matters relating to art law and art investments. Enrique chairs the firm’s Art Law + Art Funds practice and regularly advises art collectors, dealers, galleries, museums, appraisers, artists and other art market professionals in connection with commercial art transactions, including consignments, co-ownership arrangements, exhibitions, purchases and sales and financings of fine art. Enrique is also one of the world’s foremost authorities on the formation and governance of art investment funds, and counsels clients on structuring such funds, crafting their investment strategies and operational protocols and complying with regulatory issues arising from their operation. Enrique is the President and Member of the Board of Directors of The Art Fund Association, the trade association for the art fund industry. Enrique also chairs the Best Practices Committee of The Art Fund Association charged with authoring the Principles and Best Practices for the Art Fund Industry. Enrique is also General Counsel and Member of the Board of Directors of The Art Production Fund, a non-profit dedicated to enhancing public exhibitions of fine art.

Enrique has further applied his art fund expertise to other types of “passion” funds, including luxury asset investment funds focused on the fine wine, rare musical instrument, diamond and classic car markets. Enrique is highly sought after by passion fund managers to assist them in developing their investment programs and drafting their offering documentation. Enrique also represents prospective investors in evaluating, and negotiating the terms of, possible investments in passion investment funds.

Enrique also chairs the firm’s Luxury Assets practice, which assists persons with the acquisition, management and disposition of all types of luxury asset investments.

Professional Experience

• Bowles Liberman & Newman LLP, Partner in Business Law and Art Law + Art Funds Practice Groups, Chair of Art Law +Art Funds Practice and Business Law Practice
• Di Santo Bruno LLP (New York, NY), Partner in Corporate and Art Law and Art Funds Practice Groups, Chair of Art Law Practice
• Tannenbaum Helpern Syracuse & Hirschtritt LLP (New York, NY), Partner in Corporate, IP and Art Law Practice Groups, Chair of Art Law Practice
• Clifford Chance US LLP (New York, NY), Corporate Associate

Honors

• Super Lawyers, Business and Corporate, 2011-2020
• Art + Auction Magazine, Power 100 Innovators, December 2015
• Recipient of Firestone Medal for Best Undergraduate Honors Theses at Stanford University, 1996

Professional Associations & Memberships

• The Art Production Fund, General Counsel and Member of the Board of Directors
• The Art Fund Association, President and Member of the Board of Directors
• The Art Fund Association, Chair of Best Practices and Due Diligence Committees
• New York State Bar Association (Intl. Sec.), Chair of Committee on Art Law, Art Funds and Art Investment
• New York State Bar Association (Intl. Sec.), Vice Chair of Continuing Legal Education (2012-2015)
• New York State Bar Association (Intl. Sec.), Co-Chair of Global Law Week Program (2013-2015)
• New York State Bar Association (Intl. Sec.), Co-Chair of Fundamentals of International Legal Practice Program (2011-2014)
• Art Funds Give Back, Director of charity aimed at funding art education programs in primary and secondary schools around the globe
• Childhood Cancer Society, Chair of Planning Committee of Annual Silent Art Charity Auction
• Harvard Club of New York City, Member

Publications

• Preventing Past Performance From Impeding Future Results: A Primer on the Use of Prior Performance Records by Art Fund Managers, by Enrique Liberman, with Ajoe Abraham and Madeline Roberts, Marcum Private Investment Forum, Summer 2016
• Co-Investing in Art: What Every Art Fund Manager Needs to Know”, by Enrique Liberman and Javier Lumbreras, ArtFundAssociation.com, September 2016.
• Proof is in the Provenance, by Enrique Liberman, Art Asia Pacific, Issue 91, Nov/Dec 2014
• Idle Hands and the Art Market: The Devil’s Playground, by Enrique Liberman, ArtAsiaPacific, Issue 86, Nov/Dec 2013.
• Art Funds: The Newest Art Market Participant, by Enrique Liberman, ArtAsiaPacific, Issue 83, May/Jun 2013.
• You Bought it, but do you own it? Understanding Art Title Risks, by Enrique Liberman, ArtAsiaPacific, Issue 82, Mar/Apr 2013.
• Co-investing in art: What Every Collector Needs to Know, by Enrique Liberman, ArtAsiaPacific, Issue 79, Jul/Aug 2012.
• Important Changes to “Accredited Investor” Definition, ArtFundAssociation.com, August 26, 2010.
• Impact of Dodd-Frank on Investment Advisors to Private Art Funds, ArtFundAssociation.com, August 25, 2010.
• The Art Fund Association becomes first professional body dedicated to Art Investment, Art Fund Tracker, Issue 7, December 2010.
• Export Credit Agencies as a Source of Financing, New York Law Journal, December 9, 1999, with Alan Christenfeld and Shephard Melzer.
• Striking a Compromise between Author and Public: An Analysis of Law No. 82 of 2002 on the Protection of Intellectual Property Rights of Egypt, Omeldonia.com The Investor, October 25, 2002.
• Making the Argument for Central Bank Independence: The Case of Argentina from 1983 to 1995, June 1996, Recipient of Stanford University’s Firestone Medal.

Presentations

• Co-Chair of New York State Bar Association’s New York Global Law Week, May 12-15, 2015, New York, NY
• Co-Chair of American Bar Association’s International Practice Boot Camp, April 1, 2014, New York, NY
• Co-Chair of New York State Bar Association’s New York Global Law Week, May 14-17, 2013, New York, NY
• Moderator and Panelist at “Art Market Primer: What Every Art Collector Needs to Know” during the Frieze Art Fair in New York. May 2012.
• Co-Chair of Fundamentals of International Law Boot Camp, American Bar Association International Law 2012 Spring Meeting, April 17, 2012, New York, NY
• Panelist at “Art Fund Marketing Strategies” during The Armory Show in New York. March 2012.
• Co-Chair of New York State Bar Association’s Third Annual Fundamentals of International Practice, May 10, 2011, New York, NY
• Moderator of Panel entitled “Art Investment Vehicles: An Asset Based Investment for the 21st Century” at Art Basel Miami Beach. December 5, 2008.
• Cursos de Capacitacion, Instituto de Formacion Bancaria de la Associacion de Bancos de la Republica Argentina and the Superintendency of Financial Entities of the Republic of Argentina, June-July 1994

Languages

• Enrique is fluent in English and Spanish.

Notable Transactions

Corporate Matters:

• Represented offshore fund manager in the formation of a $150 million passion fund, specifically focused on investments in rare fancy colored diamonds
• Represented US fund manager in the formation of a $200 million passion fund, specifically focused on investments in classic cars
• Represented publicly traded international hotel management company in connection with offshore intellectual property transfers relating to their global hotel operations
• Advised publishing company in connection with a joint venture to publish book on boxing champion, Manny Pacquiao
• Preparation of offering documentation and investment documentation in connection with the construction of a Renaissance-themed amusement park, film studio and commercial development in Florence, Italy
• Representation of underwater tidal power generation company in connection with regulatory compliance matters
• Representation of a publicly-traded third party warranty provider in a going private transaction
• Represented offshore fund manager in the formation of a $30 million passion fund specifically focused on investments in fine wine
• Represented US fund manager in the formation of a $150 million passion fund specifically focused on investments in rare stringed musical instruments made by Stradivarius and Del Gesu
• Representation of publicly-traded media company in connection with its $15 million acquisition of a Hong Kong based book publishing company
• Represented organic juice company in its formation, governance, capital raising and distribution efforts.
• Represented apple prosecco producer in its corporate restructuring, capital raising and distribution efforts.
• Represented national digital advertising company in its formation, governance, capital raising and commercial endeavors.
• Represented prominent merchant cash advance lender in connection with its receivables purchase and merchant cash advance transactions and syndications.
• Represented hedge fund in connection with its receivables purchase and merchant cash advance transactions and syndications.
• Represented real estate developer in the negotiation of its various sponsor operating agreements and joint ventures in connection with prominent New York residential developments.
• Represented international Colombian coffee roasting company and café chain in its corporate restructuring, distribution efforts and commercial contracts.
• Represented lenders in connection with significant revolving credit facilities and term loans.
• Represented venture capital investor in series of biotech venture capital investments.
• Negotiation of structured investments on behalf of investors in a prepaid expense card provider
• Representation of national chain of gyms in connection with various rounds of debt and equity financings
• Representation of insurance broker in connection with the development of a $500 million life insurance premium finance program
• Formation of a Turkish and Egyptian pharmaceutical joint venture
• Negotiated cigarette manufacturing agreements for multinational tobacco company
• Representation of an aircraft manufacturer in connection with the $2 billion securitization of aircraft lease receivables
• Assisted Mexican and Argentine corporations in connection with debt offerings on US stock exchanges
• Representation of prepaid telephone card distributor in connection with a long distance joint venture for the U.S. Hispanic market
• Advised a not-for-profit corporation in connection with a New Markets Tax Credit transaction to fund renovations to its community center
• Represented small business leader in its capitalization and loan program
• Represented various row, organic and cold pressed juice companies in their formation and governance
• Advised luxury asset financiers in preparing their loan programs

Art and Art Fund Matters:

• Represented numerous art dealers in connection with the brokerage and sale of artworks by Alberto Giacometti, Andy Warhol, Willem De Kooning, Ai Weiwei, Pablo Picasso, Tom Wesselmann, George Condo, Jean-Michel Basquiat, Keith Haring, Damien Hirst, Cindy Sherman, Louise Bourgeois, Robert Rauschenberg, Francis Bacon, Claude Monet, Pierre Renoir, Amedeo Modigliani and Marc Chagall. Representations included the preparation of request for viewing letters, bills of sale, letters of intent, proof of funds, commission agreements, confidentiality and non-circumvention agreements, mandate to sell letters and escrow agreements
• Represented estate of prominent art collector in connection with the consignment and sale of a $25 million art collection covering Impressionist, Modern, Contemporary, Latin American and American art
• Represented estate of prominent East coast art collector in connection with the consignment and sale of a $30 million art collection covering Old Masters, Impressionist, Modern, Contemporary and American art
• Represented various art collectors in connection with irrevocable bid contracts for public auction sales.
• Acted as general counsel to art investment funds, including with respect to their initial formation, capital raises and governance
• Represented various art collectors in connection with co-ownership arrangements regarding fine artworks
• Represented various art collectors in connection with loans and credit facilities secured by works of fine art
• Assisted collectors in connection with 1031 Like Kind Exchanges of fine art.
• Represented art galleries in connection with the preparation of standardized forms of art resale agreements, bills of sale, certificates of authenticity, consignment agreements and employment policies
• Advised art collectors in connection with matters pertaining to succession and philanthropic bequests involving fine art
• Representation of art gallery in connection with the buyout of one of the gallery’s principal owners
• Represented artists and art collectors in connection with their consignments of artworks to auction houses and galleries
• Representation of clients in connection with art fraud litigations and other art-related disputes
• Assisted numerous art collectors in connection with donations of their artworks to museums and other cultural institutions.