Zachary C. Osinski

/My focus

While I pride myself in being a litigator by trade, with the ability to handle litigation of all shapes and sizes, my practice centers on guiding clients through critical business, art, and entertainment disputes. I handle all phases of litigation in state and federal courts, including emergency relief, motion practice, discovery, trial preparation, and appellate briefing, and advise clients on dispute avoidance and risk mitigation. I am admitted to practice in state and federal courts on both ends of the country, including New York and California.

My art and cultural property practice includes ownership and restitution disputes, provenance and authenticity challenges, and consignments and contractual issues with auction houses and galleries. I have been part of trial and appellate teams in contested art ownership matters and bring a deep appreciation for the specialized evidentiary, historical, and international dimensions of these cases.

In entertainment and media litigation, I advise on disputes involving licensing, intellectual property rights, and talent and production agreements. I work with clients to protect and monetize creative assets while navigating the cross over of art, fashion, music, and media, and I coordinate closely with subject matter and industry experts to drive efficient, business oriented outcomes.

Beyond my work in art and entertainment, I litigate a broad spectrum of complex commercial cases, including breach of contract, business torts, fiduciary duty and corporate governance claims, real property and construction disputes, unfair competition, class actions, and enforcement of restrictive covenants. I am experienced responding to temporary restraining orders and orders to show cause, handling government and regulatory subpoenas, and managing expedited discovery.

/Representative experience

• Member of a team representing the Romanian government in U.S. proceedings in federal and state courts in New York to recover El Greco’s “Saint Sebastian” following the work’s withdrawal from a New York auction based on Romania’s claim of ownership and theft.
• Member of a team representing the Robert Owen Lehman Foundation in New York trial proceedings concerning competing international claims to an important Egon Schiele work, including international discovery, expert provenance analysis, and a month long merits trial.
• Represents artists and successfully obtained dismissal in multiple lawsuits in New York and California courts involving ownership and contractual disputes.
• Member of a team representing the Hungarian government in U.S. court proceedings in the D.C. District and Circuit Court of Appeals, in what’s been reported by the New York Times as the largest unresolved art restitution cases in the world.
• Member of a team representing the Kingdom of Spain in litigation in California federal court involving cultural claims to fine art. The case has been heard by the Supreme Court and Ninth Circuit on issues related to sovereign immunity, choice-of-law, and related constitutional issues.
• Handles sovereign immunity and jurisdictional issues under the Foreign Sovereign Immunities Act (FSIA), including briefing and argument on the expropriation, commercial activity, and waiver exceptions, and related issues and considerations involving state owned entities and cultural property.
• Advises creators and companies in entertainment and media disputes involving IP ownership, licensing, and right of publicity issues.
• Represents commercial clients in contract, fraud, and fiduciary duty disputes, including emergency injunction applications, expedited discovery, and dispositive motion practice.

/Looking ahead

The convergence of art, fashion, media, and technology will continue to generate complex ownership and licensing disputes, with courts increasingly scrutinizing provenance records, authenticity opinions, and cross border transactions. In entertainment and media, evolving copyright and publicity doctrines, AI driven content creation, and platform distribution will reshape litigation strategies and risk profiles. Proactive counseling and early case framing will be increasingly important to preserve leverage, protect reputation, and position clients for successful resolution.