Now that she's staring down a $24 million lawsuit, Annie Leibovitz is running out of choices. With Art Capital Group claiming the rights to her photo archive, real estate and other assets posted as collateral, some experts say bankruptcy would buy her some time to find a new plan. But, it would come at the cost of privacy, as the photographers finances would be thrust into the public eye.

Neither Leibovitz's attorneys nor financial advisers returned Bloomberg News' calls for comment, but experts suggest that desperate times call for desperate measures. Filing for protection would push litigation into the future and secure the artist a bit of leverage. Hell, maybe it would buy her some time to see if Miley Cyrus wants to get naked again. I don't know if that would be worth $24 million, but I'm sure it would help Leibovitz to chip away at the debt.

Industry insiders seem to call Art Capital Group a capital source of last resort, though that's probably a bit unfair. If you're pledging collateral or are otherwise transacting in an illiquid market, common sense is necessary. And, let's face it, if traditional banks played in this space, Leibovitz may not have been hit with such tough terms. But, it's hard to believe she didn't know the rules of the game.

Mum's the word for now on Leibovitz's future. One thing is certain, however: she didn't spend the money on makeup.

[Thanks, Jason, for the makeup crack]

From the years preceding the current financial crisis, it'd be pretty easy to get the impression that art is only for a small percentage of the world's wealthiest. Thinking this way, however, could lock you out of the greatest art buying opportunity in nearly 20 years. Even great art is relatively cheap right now, so if you've been looking for a reason to enter the market, you've just found it.

If you get creative, you can make your art investment stretch even further in today's tough market. Artists and galleries are desperate for the sale, so they'll generally find a way to work with you (as long as you're within the current definition of "realistic").

1. Join an "artist of the month club"
It's not as crazy as it sounds. There are several clubs that will send you emerging artist pieces for a few hundred dollars a month (just remember that this can mean up to 12 new pieces s year ... make sure you have space for them). Invisible Exports' Artist of the Month Club, which is run by a Lower East Side gallery, sends members a piece every month for an annual fee of $2,400 a year. If prestige is an issue, this is a gallery buy, so you can puff your chest when explaining to your friends how your gallery helped.

[Photo of glass artist Charley Keila]

Christie's International offered 38 lots at its Asian auction in Hong Kong, and 34 of them sold. Bidders battled for prime pieces, and the auction house came ahead $23.4 million. Almost a quarter of the result came from one painting, "Cats and Birds," by deceased Chinese artist Sanyu. The piece ultimately sold for $5.4 million, setting a new record at auction for this artist.

This sale kicked off what will be a four-day auction run with 1,600 lots going under the gavel, including artwork, gems and antiques. In all, Christie's expects to move close to $97 million by the time the final gavel strikes.

While reaching presale estimates has become a measure of success in this market, don't forget that these targets are much lower than last year's. In May 2008, Christie's offered 2,400 lots over six days in Hong Kong, estimated $219 million and took in a record $310 million. Nonetheless, a stream of disappointment that stretches back to mid-September may be coming to a close.

The success in Hong Kong follows a robust contemporary art auction for Christie's in New York, in which it outperformed competitor Sotheby's by 2:1.

Maybe, society has had enough. In Spokane, Washington, even non-smokers came to the defense of the cigar community when public golf courses tried to implement a ban. Other places are relying on creativity, such as tobacconist De La Concha's cigar dinners. In New Hampshire, the legislature is getting involved – a bill may legalize the sale of liquor in cigar bars.

In most places, it's tough to find a social setting where you can enjoy a cocktail and a cigar at the same time. The "live free or die" folks are looking to change that. If tobacconists are able to receive liquor licenses, the resulting store traffic could offset much of the damage being done by the financial crisis.

For Two Guys Smoke Shop in Salem, New Hampshire – where I used to go when I lived in northern Massachusetts – sales have fallen since the state banned smoking in restaurants two years ago, with particular effect in the winter. The ability to sell drinks would make the venue more enticing to customers, keep them in seats longer and likely result in an increase in sales.

There aren't many cigar venues left in New England or elsewhere in the country where you can smoke and drink at the same time. In Manhattan, we have a few spots, and Boston has Cigar Masters. Many cities have their hidden gems, but you have to find them. For the cigar smokers of New Hampshire, however, this could change. And, if you believe that Dixville Notch chooses the president every four years, expect to see similar laws pop up in other states.

Christie's fought the trend and walked away with close to $94 million. Naysayers stand shocked (I'll admit it; I'm among them). This is still far from the record-setting years leading up to the current financial crisis, but only the truly stubborn would not recognize the accomplishment of coming close to the upper end of the auction house's estimate, particularly a day after competitor Sotheby's turned in such a dismal performance.

The initial estimate for Christie's Post-War and Contemporary Evening Sale was $71.5 million to $104.5 million. Forty-nine of the 54 available lots were sold – a sales rate of 91 percent by lot and 94 percent by value. This easily tops the 81 percent by lot that Sotheby's hit (en route to a paltry $47 million). Thirty of the lots sold for more than $1 million each, and nine raked in more than $3 million a piece.

If you want to be negative, though, you still have plenty of ammo. Back in November, Christie's achieved a $113.6 million take with a sale rate of only 68 percent (by lot). A year ago, the auction house pulled in $331.4 million at a sale rate of 95 percent.

But, last May doesn't count. That was a last hurrah, of sorts, and most in the art community realized it, even if they wouldn't concede the obvious.

We're gripped by an unusually strong bear right now. He's squeezing financial markets viciously. And, it comes as no surprise that charitable giving is suffering. Nonetheless, philanthropy is staying ahead of investment hits. Even with stock market calamity, we're still able to find the occasional heart of gold out there.

Don't get me wrong, the situation's grim for the nonprofit sector. Craig M. Joseph of InQuest International, a full-service philanthropic consultancy, observes that the USA Giving Index – calculated by the Center of Philanthropy at Indiana University – is down 35 percent from its 2007 peak. That year, $306 billion in charitable gifts were made. With the steep decline over the past two years, though, a lot of organizations won't get the funding they need.

Of course, it could be worse. If philanthropy followed the Dow, gifts would have fallen more than 40 percent to less than $184 billion – rather than the estimated February 2009 level of $199 billion. With numbers this large, $15 billion may not seem like a lot, but in the hands of an efficient charitable organization, it can change a lot of lives.

For now, the news is "less negative," but there is still a lot of pain that still has to be pushed through the markets, as much of the Wall Street calamity likely has yet to be visited upon consumers. Let's just hope that we still find some room in our wallets to support our favorite charities.

At last night's contemporary art auction, Sotheby's brought in a meager $47 million – down 87 percent from last year's record of $315 million. The auction house wasn't even able to reach its low estimate for this year of $51.8million. Need some perspective? Last year's Francis Bacon triptych sold for 84 percent more (at $86.3 million) than all the lots purchased at last night's event.

The top sale last night was a blue and pink egg by Jeff Koons, measuring seven feet in width. At $5.5 million, it didn't even reach its estimate, which ranged from $6 million to $8 million. Last June, his pink "Balloon Flower (Magenta)" went for $25.7 million at a Christie's auction in London. Interestingly, art dealer Larry Gagosian was the buyer, though it's unclear if he bought it for himself or a client. Gagosian sold the egg back in 2004.

In general, buyers were in short supply, with most bidders choosing to remain on the sidelines. But, there is a sense that good works sold at fair prices ... unless you were one of the sellers, I imagine. Art market analysts, dealers and critics sought to find a silver lining, calling successes what would have been failures in previous years (such as the Koons egg price).

The shrinking pool of buyers reflected the artwork available. The number of lots offered at Sotheby's last night was down 42 percent, from 48 to 83. Only 81 percent – 39 – were sold.

Tonight, it's Christie's turn. Fifty-four contemporary pieces are set to come under the gavel, with total estimates ranging from $71.5 million to $104.5 million (not including commissions).

The only fingers not crossed, most likely, belong to bargain-hunters.

Art auction houses are looking to protect themselves. Lacking a local "enforcer" to find once eager collectors and shake them down for every last dollar, the likes of Sotheby's and Christie's will spend the coming fortnight managing expectations while trying to eke out a living. Atop the agenda this season is the notion of protecting price levels for Impressionist, modern and contemporary pieces.

Reality has struck.

Sotheby's has revealed a sales target of $179 million to $256 million for the spring. Last fall, the auction house hit $411 million – which is paltry compared to the $742 million take at this time last year. The showpiece now is "Baroque Egg with Bow," a sculpture by Jeff Koons, which carries a Sotheby's estimate of $6 million. While this sounds rich for today's market, the house almost quadrupled that amount with a sculpture from the same artist in 2007.

For those who haven't been keeping score, 2007 for the art world was like 1999 for technology people.

By reinforcing concern through modest estimates and carefully selected lots, the major (and smaller auction houses) are subtly positioning themselves for any unexpected support. A strong spring auction – as measured by current economic conditions – could cause global art market confidence to rebound. A turn for the worse, however, would be exacerbated by already depressed hopes.

Art addictions are wearing off, thanks in large part to the brutal discipline enforced by the global financial crisis. Only 79 sales generated bids north of $1 million in the first quarter of the year – only half the number that crossed this threshold for the same period in 2008.

The proportion of lots with estimates below $5,000 – pretty much the lowest point at which art can be considered "investment grade" – was 77 percent, 10 percent higher than in 2008. Pieces offered for more than $50,000 represent only 3 percent of the lots coming on the block so far this year. It was 6 percent for the first quarter of 2008.

ArtPrice puts the contraction of the global fine art market at 10 percent since the beginning of 2009. It shrunk 30 percent in 2008, after showing fantastic growth of 18 percent in 2007 – when the market peaked.

At the beginning of 2008, artists, dealers and auction houses braced themselves for a difficult year, and if nothing else, they were rewarded for their preparation with the ultimate delivery of bad news. Conditions are continuing this year. For those with the resources (and the storage space), now could be a great time to pick up some old masters or maybe make a speculative play in the emerging market space.

Just be prepared to buy and hold ... for a while.

[Photo of "El Picador" by Julio Aguilera]

If the Brooklyn Philharmonic Symphony Orchestra was on your calendar ... well, it isn't any more. There will be no more concerts this season. The entire 2009/10 season has been canceled. But, there is hope for 2011.

April 17, 2009, it seems, is the day the music died. Cause of death: budgetary shortfall from a drop in donations.

J. Barclay Collins II, chairman of the Brooklyn Philharmonic's board, won't reveal exactly how far donations have fallen, but the results are clearly shy of the organization's $3 million annual budget. He did say, however, that he expects the music to return in 2011. Fortunately, it's only the concerts that have been canceled. The Brooklyn Philharmonic will still operate its educational programs – at a cost of approximately $750,000 a year.

The decision to suspend the concerts comes following two years of financial difficulty. For its fiscal year ending June 30, 2007 (the last for which financial information is available), the group had a deficit of $121,925. A full-time staff of 23 people has been slashed by 70 percent.

Any successful entrepreneur can tell you that tough markets are fertile ground for future success. If you can carve your piece of the world out now, an upturn later will reward you handsomely.

This sentiment must be on the mind of young British artists – such as Merlin Carpenter. London's contemporary art galleries are starting to show affordable works by newer artists. Far from investing in the future or giving the hopeful a fighting chance, this tactic is seen as a way to develop a near-term revenue stream that will help galleries survive the current financial crisis. Retrospectively, this stopgap measure could be seen as pure genius for the art galleries that discover the next Richard Prince or (blech) Damien Hirst.

Claims of forward thinking, however, will have to remain in the future. For now, dealers and galleries in London are struggling. Allsopp Contemporary shut down an exhibition space, and Yvon Lambert pulled out of London.

The market is searching to find – and exploit – some young blood, and buyers are pressing for discounts. The winners may just be the artists. Those discovered through desperation will define the market in the future.

You know it's rough out there when Sotheby's makes you pay for coffee. At its five-day Hong Kong auction, the house was able to move only $89 million in antiques (HK$691 million), paintings and gems – less than half the take for the same event in 2008. With bidders forced to HK$20 (which looks more menacing than the U.S. equivalent, $2.50), one can only hope that Sotheby's was able to make up the difference.

This is a far cry from the $227 million that sold a year ago.

Sensitive to the global financial crisis, Sotheby's planned ahead, offering fewer expensive lots, which tend to get a bit more bidder action when financial markets are struggling. A larger number of wine lots showed up, as the liquid flows more easily than canvas. All of the bottles moved at the first Sotheby's Hong Kong wine auction.

Despite the downturn in art prices, some feel that now is a good time to invest in the oldest of old media. Ian Kai, an art dealer based in Beijing, remarked for Bloomberg, "Governments are printing so much money now. Fine artworks might be a better way to store value than currency."

The highest-priced piece at the auction was "Fishing Harvest" by Lin Fengmian, which fetched a hair over $2 million. Most paintings sold for prices well below those of comparable works at last year's auctions. Heading into the Hong Kong auction, Sotheby's cut presale estimates by an average of 20 percent and expanded its offering to include video installations and other non-painting works.

And that could be the enduring benefit of this marketplace.

"We are now seeing conceptual art at Hong Kong auctions, which is fantastic," said Sandra Walters, a Hong Kong-based collector who runs a namesake art-consulting company.

A broader perspective will lead to future returns for artists, collectors and auction houses.

You know the market's tough when cigar smokers talk about cutting back. The crisis is real when they actually do so. With the sale of boxes, humidors and high-end cigar accessories dropping (I have anecdotally) – not to mention a cigar tax increase that has moved quickly from specter to materialization – retailers are scrambling for ways to keep customers in their stores.

When I met with Don Pepin Garcia back in November to discuss his new release, My Father's Cigar, he mentioned the need to keep prices reasonable, citing long-term relationships with his customers as taking priority over short-term measures. But, it looks like this may not be enough – as evidenced by the "nub club."

Discount cigar retailer Famous Smoke Shop has put together a selection of six-cigar samplers, consisting of "nubs," and is pricing them favorably to keep cigar smokers engaged. This new program is intended to allow customers to try nubs without requiring them to shell out for full boxes. Each sampler has three pairs of cigars, each with different wrappers: Habano, Connecticut and Cameroon. Prices range from $27 to $34.50 per pack.

Promotions like this one drive home the fact that we're all in it together. The manufacturers and retailers don't want to see us curtail our smoking experiences or trade down to "lesser" cigars. They want us to smoke what we know we enjoy. At the same time, smokers realize that we have to do our part and continue to buy the sticks we like.

Cooperation is better than any bailout program.

[Photo by Steve Zak]

Why are sales of Cuban cigars down? The minute the subprime mortgage crisis turned global, of course, demand had no place to go but down. And, there's always the quality issue that has plagued manufacturers in recent years. So far, the damage hasn't been bad.

Habanos S.A., which makes the storied Montecristo, Cohiba and Partagas brands, moved $390 million in 2008. That's a drop of 3 percent from 2007. The company, a joint venture involving the Cuban government and Altadis, says that this hasn't affected profits significantly.

Unsurprisingly, Habanos blames smoking bans in France, Germany and the United Emirates (among others) in addition to the financial crisis. If you can't find a place to smoke, you aren't likely to do it as much (a trial I endured in Scotland last year).

But, economic conditions are still the main event, particularly when you consider the secondary effects.

International travel took a dive last year ... to the tune of 11 percent. What's that mean? American cigar dilettantes weren't able to piss away as much on Cuban sticks as they may have in the past. Duty free shops thus moved fewer cigars than usual, with total sales in these venues down 24 percent from 2007 to 2008.

Despite the slip in sales and claims that profitability isn't seriously impaired, Habanos isn't optimistic about the future. On the subject of the U.S. embargo on Cuba, typically a favorite topic of speculation, the company would only say that it has "much worse problems to deal with in the world."

[Via Latin American Herald Tribune, photo by Steve Zak]