L. Eden Burgess
Her intellectual property experience includes trial and appellate litigation in copyright, trademark and patent. Eden has also been active in alternative dispute resolution in many types of matters.
Eden obtained her Bachelor’s Degree with Distinction from the University of Virginia, where she was an Echols Scholar, and her Juris Doctor with honors from George Washington University Law School. She is admitted to practice in Virginia, Maryland and the District of Columbia.
- Contributing Editor, Yearbook of Cultural Property Law
- “Museum Governance Developments: Trustees Taking Greater Responsibility,” Yearbook of Cultural Property Law (2007)
- Co-Author, “Art Market” Chapter in Yearbook of Cultural Property Law (2009 and 2010)
- Contributor/Assistant, “Art Market” Chapter in Yearbook of Cultural Property Law (2006, 2007 and 2008)
- Coordinate Preservation50, the national celebration of the 50th anniversary of the National Historic Preservation Act.
- Provide government affairs counsel to the American Cultural Resources Association, the trade association for the cultural resource management industry.
- Provide government affairs counsel to the Society for Historical Archaeology, the largest scholarly group concerned with the archaeology of the modern world.
- Advise foreign government on efforts to protect cultural heritage sites at risk of looting.
- Assist and advise the Gas and Preservation Partnership (GAPP), a 501(c)(3) organization that brings together leaders from the shale gas industry and the preservation community to devise solutions that protect cultural resources during shale gas development.
- Advise tribal government on obtaining compensation for destruction of a cultural and religious site.
- Assist non-profit clients with start-up, management and governance.
- Represent tribal government in issues related to state recognition process.
- Advise and provide government affairs counsel to cultural resource management firm on government contracting issues, including 8(a) certification and federal agency disputes.
- Represent consulting party in Section 106 process on advocacy efforts to preserve historic bridges impacted by transportation development.
- Counsel start-up businesses on copyright and trademark issues.
- Vineberg v. Bissonnette, 529 F. Supp. 2d 300 (D.R.I. 2007), aff’d, 548 F.3d 50 (1st Cir. 2008). Assisted estate in recovering Franz Xaver Winterhalter’s painting Madchen aus den Sabiner Bergen from a private collector. The case is a landmark ruling in Holocaust-era art restitution law, being the first in the United States to find that a forced sale is a theft and therefore title does not pass to the buyer.
- State of Baden-Württemburg v. Shene, 04-cv-10067-TPG, 2009 WL 762697 (S.D.N.Y. March 23, 2009). Represented German state and museum in its successful recovery of a 16th century volume of prints and drawings from a St. Louis book dealer. The decision – a rare grant of summary judgment in favor of a claimant – highlights the rule that military engaged in overseas combat should be safeguarding and not stealing cultural objects they encounter.
- Malewicz v. City of Amsterdam, 362 F. Supp. 2d 298 (D.D.C. 2005), 2006 U.S. App. LEXIS 615 (D.C. Cir. 2006), and 517 F. Supp. 2d 322 (D.D.C. 2007). Served as local counsel, helping pursue recovery of fourteen works of Kazimir Malewicz on loan from the Stedelijk Museum to museums in the United States. The heirs and the City eventually settled the case.
- Doss, Inc. v. Christie’s Inc., 08-cv-10577-LAP, 2009 WL 3053713 (S.D.N.Y. Sept. 23, 2009). Defended against negligence and breach of contract claims brought by a collector related to a purchase of a painting, and successfully obtained dismissal due to the expiration of applicable statutes of limitations.
- Marchig v. Christie’s Inc., 762 F. Supp. 2d 667 (S.D.N.Y. 2011), aff’d, 2011 WL 2685608 (2d Cir. July 12, 2011). Defended against breach of fiduciary duty, breach of warranty, negligence, and replevin and conversion claims brought by a consignor, arising from 1998 sale of a drawing alleged by some experts to be the work of Leonardo da Vinci and worth over $100M. The firm successfully obtained dismissal of the case due to expiration of the statutes of limitations and unreasonable delay.
- Wyers v. Master Lock Co., 616 F.3d 1231 (Fed. Cir. 2010). Represented Master Lock Corporation before the U.S. Court of Appeals for the Federal Circuit on appeal of lower court’s ruling against Master Lock that the three patents at issue were valid as a matter of law. The Federal Circuit reversed, and issued a significant precedential opinion in Master Lock’s favor that interpreted the U.S. Supreme Court’s opinion in KSR v. Teleflex, expanding the Court’s application of common sense as a motivation to combine prior art references to invalidate patents.
- United States v. Six Paintings Seized From Paul Gorzocoski III, d/b/a Northfield Auctions, Civ. Act. No. 08-10161-RWZ (D. Mass. 2008). Assisted claimant in recovering six paintings discovered at an auction house in Massachusetts, missing from the Bavarian State Painting Collection (BSPC) since the mid-1940s. The paintings – acquired by BSPC in 1799 and never deaccessioned – were described by the auction house as coming from the estate of a World War II veteran.
- Bakalar v. Vavra, 619 F.3d 136 (2d Cir. 2010). On behalf of a group of non-profit organizations as amici, submitted a brief seeking to reverse the lower court’s ruling based upon its incorrect interpretation and application of Swiss law. The Second Circuit vacated the district court judgment on other grounds and remanded the case.
- In the Matter of Certain Flooring Products, Investigation No. 337-TA-443 and Alloc, Inc. v. International Trade Commission, 342 F.3d 1361 (Fed. Cir. 2003). Represented respondent in an action before the International Trade Commission and appeal to the U.S. Court of Appeals for the Federal Circuit, in which complainants sought to prevent import of flooring products due to patent infringement. The ITC found no infringement by the respondents, and the Federal Circuit affirmed.
- National Historic Preservation Advocacy Week, “Planning for Preservation50,” Washington, DC, 2015.
- National Trust for Historic Preservation’s National Preservation Law Conference, “Legal Framework for Protecting Traditional Cultural Properties,” Washington, DC, 2015.
- American University International Law Review’s Annual Symposium, Preserving Art and Cultural Heritage Through International Law, “The Looting Problems and Mechanisms for its Prevention,” Washington, DC, 2015.
- “Cultural Heritage Protection and National Security,” Vermont Law School’s Latin American Law Student Association, South Royalton, VT, 2014.
- Environmental Resources Management’s Perspectives Discussion Series, “Managing Cultural Heritage Risks for Major Capital Projects,” Washington, DC, 2014.
- American Cultural Resources Association’s 20th Annual Conference, “Government Affairs Update,” St. Pete’s Beach, FL, 2014.
- “The Real Monuments Men: Holocaust Restitution Yesterday and Today,” Washington DC Jewish Community Center, Washington, DC, 2014.
- “Culture, Interrupted: Art Theft in the Third Reich,” Georgia State University School of Law, Atlanta, GA, 2014.
- “Art from Abroad: Thefts and Loans from Foreign Countries,” DC Bar, co-presented by Cultural Heritage Partners and Berliner, Corcoran & Rowe, Washington, DC, 2014.
- “Art from Abroad: Current Issues Regarding Art and Cultural Heritage Loans from Foreign Countries,” co-hosted by Cultural Heritage Partners and Berliner, Corcoran & Rowe, Washington, DC, 2013.
- American Cultural Resources Association’s 19th Annual Conference, “Copyright and Trademark,” Washington, DC, 2013.
- 5th Annual Art Litigation and Dispute Resolution Practice Institute, “The Arts on Capitol Hill,” New York, NY, 2012.
- American Cultural Resources Association’s 18th Annual Conference, “Copyright: Are You Breaking the Law?,” Seattle, WA, 2012.
- Preservation Virginia Statewide Conference, “Preservation Law and Risk Management,” Leesburg, VA, 2012.
- “Art Looting in the Third Reich,” George Washington University Law School Art Law and Entertainment Society, 2012.
- “What is Art and Cultural Property Law?,” George Washington University Law School Art Law and Entertainment Society, 2011.
- “What is Art Law? Art, Cultural Property and Museum Law and Practice,” George Washington University Law School Art Law and Entertainment Society, October 2009.
- “Art and Cultural Property Displaced by War and Other Conflict,” George Washington Museum Studies Program, 2008-2011.
- The Program on Information Justice and Intellectual Property, American University Washington College of Law, “The Foreign Sovereign Immunities Act as Applied to Recent Art Restitution Disputes,” 2007.
- Adjunct Professor, Advanced Field Placement Program, George Washington University Law School, 2013-2015.
- Professorial Lecturer in Law at George Washington University Law School, “Art, Cultural Heritage, and the Law,” 2012-2013.
- American Bar Association
- Lawyers’ Committee for Cultural Heritage Preservation
IN THE PRESS
- “Michigan AG: DIA art pieces can’t be sold to satisfy Detroit debt,” Detroit Free Press, June 13, 2013.
- “DIA’s art collection could face sell-off to satisfy Detroit’s creditors,” Detroit Free Press, May 23, 2013.
- “Lost and Found: Alumni Help Return Stolen Art and Cultural Artifacts,” Colonial Cable, George Washington University, November 11, 2011.
- Legal Bisnow, June 2009.