Bernstein

August 14, 2023 | New York Law Journal

A summary of the proposed legislation on banning non-compete clauses, specifically highlighting outstanding questions and things employers should be thinking of.

By Andrew Bernstein, Corbin Carter and Evan Piercey

7 minute read

December 13, 2022 | Daily Business Review

Those who have been—or will be—denied their due have strong claims to recover what they have been promised and what they earned. Employees can now breathe that sigh of relief.

By Josh Migdal and Michelle Genet Bernstein

5 minute read

October 06, 2022 | New York Law Journal

"Max is widely recognized as the "Dean" of the U.S. plaintiff securities bar for his remarkable career and his professional excellence."

By Bernstein Litowitz Berger & Grossmann

2 minute read

October 06, 2022 | The Legal Intelligencer

With no clear direction and with medical marijuana being a reasonable and necessary treatment, the states have to decide for themselves.

By Barry D. Bernstein

6 minute read

June 06, 2022 | National Law Journal

The 2020 election may well not be the last occasion where family recusal issues arise in presidential post-election disputes—the justices should review and fix their recusal policy.

By Richard D. Bernstein

9 minute read

November 18, 2021 | New York Law Journal

A Ninth Circuit opinion resolves an eight-year, multi-Circuit class action brought by owners of pre-1972 recordings against satellite radio provider Sirius XM, with plaintiffs asserting—ultimately without success—a right to be paid royalties for defendant's past digital transmissions of their pre-1972 recordings.

By Robert W. Clarida and Robert J. Bernstein

7 minute read

November 12, 2021 | Daily Business Review

Last month's announcement that former President Donald Trump's newly formed media company, Trump Media & Technology Group (TMTG), planned to go public through a merger with the publicly-traded special purpose acquisition company, or SPAC, (SPAC) Digital World captured the attention of securities lawyers, finance industry participants, and Trump supporters.

By Michelle Genet Bernstein and Daniel S. Maland

7 minute read

October 13, 2021 | New York Law Journal

The court held that the oft-cited concept of de minimis copying is not a separate defense to copyright infringement, but instead is subsumed within the determination of "substantial similarity."

By Robert J. Bernstein and Robert W. Clarida

8 minute read

July 21, 2021 | New York Law Journal

In this edition of their Copyright Law column, Robert W. Clarida and Robert J. Bernstein discuss 'Unicolors v. H&M Hennes & Mauritz', in which the Supreme Court will address whether the Ninth Circuit erred in holding "that 17 U.S.C. §411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration?" An affirmance could make the Copyright Office a more significant player in copyright infringement litigation, by requiring the Register to weigh in more often on the validity of registrations.

By Robert W. Clarida and Robert J. Bernstein

7 minute read

May 20, 2021 | New York Law Journal

The Second Circuit recently issued a decision on fair use in 'Warhol', which was followed shortly later by a U.S. Supreme Court decision in 'Google'. The plaintiff in the 'Warhol' decision now contends that the two decisions do not reconcile. In this edition of their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss the decisions and write that due to the strictly limited basis on which 'Google' was decided, they do not foresee that it would significantly impact the resolution of 'Warhol'.

By Robert J. Bernstein and Robert W. Clarida

11 minute read