A recent 13D filing from Mark McGwire’s Marcato Capital in the past week states that the hedge fund now holds stocks in three Sotheby’s funds amounting to about 9.5%, equivalent to Daniel Loeb’s Third Point, and requests that the company release previously withheld information around the company’s recent dealings.  “The redacted material goes to the very heart of the parties’ dispute in this litigation – the conduct and competence of Sotheby’s board of directors in adopting a poison pill,” Marcato states in its filing. (more…)

A Dallas collector is suing Sotheby’s auction house over the disclosure of what was supposed to be the private sale of a Mark Rothko.  Marguerite Hoffman, widow of soft-drinks bottling magnate Robert K. Hoffman, filed a lawsuit against the auction house when the work was resold several years later, and used her name heavily in the work’s marketing materials.   (more…)