Manhattan art dealers in dispute over client connections
A dispute between contemporary art dealers in Lower Manhattan is resurfacing questions in the commercial art world about client information, intellectual property rights, and non-compete policies. Tensions between the founders of the Tribeca-based 1969 Gallery and Chinatown-based Hyacinth Gallery have flared since the dismissal of William Nance, Hyacinth’s founder, who took a role as 1969’s gallery manager in January.
Nance originally took the 1969 Gallery job primarily for health insurance. Months after his dismissal, suspicions arose that Nance may have been courting 1969 Gallery’s contacts on behalf of Hyacinth. Non-compete agreements and non-disclosure agreements were not in place at 1969 Gallery, leading to a challenging situation between the parties.
Galleries are increasingly using NDAs to protect intellectual property and prevent disputes. However, legal precedent in the art market is limited, with many disputes being settled before reaching the lawsuit stage. Technology is playing a role in revealing information, with Artsy threads showing evidence that Nance may have used 1969 Gallery’s contacts at Hyacinth.
Art lawyer Kate Lucas suggests that legal claims may exist if an employee takes confidential information from an employer. Whether press and collector emails constitute trade secrets is up for debate, with personal relationships often key to successful engagement.
Clear contracts at the beginning of employment relationships can provide coverage and clarity, especially given recent regulations on non-compete agreements. In an industry marked by fierce competition and informal rules, defining expectations around handling sensitive materials is essential.
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Cillian O’Rourke, studied at the National College of Art and Design in Dublin, Ireland, where he majored in Visual Communication. His work spans graphic design, illustration, and branding, with a distinct minimalist style that emphasizes simplicity and impact. Cillian has collaborated with international brands and runs his own design studio focusing on creative solutions for startups.