White & Case advises heirs of Martha Nathan pro bono on recovery of painting by Ferdinand Hodler

Global law firm White & Case LLP has advised certain heirs of Martha Adrianna Nathan, born Dreyfus (1874 – 1958), on proceedings before the Independent Commission SKKG ("the Commission") concerning the painting "Thunersee mit Blu ü mlisalp und Niesen" (1882) by Ferdinand Hodler, which has been in the Stiftung für Kunst, Kultur und Geschichte (SKKG) collection since 1998.

"Advising the heirs of Martha Nathan on the recovery of this painting has been a privilege, and illustrates how careful provenance research, legal and historical analysis, and established international principles can work together to address losses suffered because of Nazi persecution," said White & Case partner Brendan Quinn, who led the Firm's Pro Bono team. "We are pleased that through the Commission's process and the parties' cooperation, the painting will be returned to her heirs."

The Commission found that the painting belonged to Martha Nathan from the end of 1922 and that she was persecuted as a Jewish person by the Nazi regime, which included the loss of most of her liquid assets through the Reich Flight Tax and the confiscation of household goods. The Commission found that from 1938, Martha Nathan was forced to sell works from her art collection. This included the sale of the Hodler painting on 24 July 1941 in Switzerland, which was found to be directly connected to her predicament in exile, and constituted a loss of cultural property due to Nazi persecution within the meaning of the Washington Principles, the 2009 Terezín Declaration and the Independent Commission's Rules of Procedure.

On 10 March 2026, in settlement negotiations in Zurich led by the UK SKKG, SKKG and Martha's heirs, a just and fair solution in line with the Washington Principles was agreed . The parties accepted the Commission's assessment, and the painting will be restituted to the heirs of Martha Nathan. As part of the agreement, the painting is to be shown at the exhibition "Jewish Collectors in Germany" at the Bucerius Kunst Forum in Hamburg from 11 September 2026 to 29 March 2027, and SKKG plans to document the history of the work and of the Nathan family.

The White & Case team which advised on this matter was led by partners Brendan Quinn (Melbourne) and Jasper Wauters (Geneva), and included counsel Igor Golshtein and Chris Skordas (both Melbourne), associates Nikolas Hertel (Geneva), Andrew Evans, Elloise Campbell, Mili Simonovich and trainee Claire Qian (all Melbourne).

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