Bernstein

September 19, 2008 | New York Law Journal

consider the different approaches taken by the courts in their common effort to implement the congressional intent in the Copyright Act of 1976 to provide authors and their heirs with new opportunities to exploit their works during extended renewal terms and summarize the statutory termination scheme and some relevant history of the renewal term.

By Robert Jay Bernstein and Robert W. Clarida

19 minute read

October 30, 2008 | The Legal Intelligencer

Since the failure of federal immigration reform in 2006, the Immigration and Customs Enforcement agency of the Department of Homeland Security has embarked on new interior enforcement strategies that include workplace raids, home arrests, arrests on transportation carriers and other actions affecting thousands of immigrant families. According to the New York Times , these efforts have been aided by an additional $3 billion in emergency spending. Many of these enforcement actions have crippled small towns. In Pottsville, Iowa, where 10 percent of the town was arrested after a raid on the kosher processing firm Agriprocessors, the Washington Post reported that the school superintendent stated, "It's like a natural disaster — only this is man-made." According to the Department of Homeland Security 2007 Yearbook of Immigration Statistics and the ICE Fiscal Year 2007 Annual Report, there were a record 319,000 deportations in 2007, of which 219,458, or 70 percent, were noncriminal, civil immigration violators. In 2000, where the focus was on deporting immigrants with criminal backgrounds, there were a total of 183,000 deportations, and 62 percent, or 112,000, were civil violators. It is estimated that workplace enforcement has increased ninefold since 2002.

By Judith Bernstein-Baker

5 minute read

November 21, 2008 | New York Law Journal

Robert J. Bernstein, a practitioner at The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, after two years of arduous negotiations, groups of authors and publishers and Google issued a joint press release announcing a comprehensive settlement agreement regarding "Google Book Search." If finally approved, the Settlement may represent a sea change in the approach to resolving conflicts between copyright- and technology-based industries, wherein technology becomes a source of new revenue streams for content owners rather than a facilitator of infringement.

By Robert J. Bernstein and Robert W. Clarida

13 minute read

May 18, 2007 | New York Law Journal

Practitioner Robert J. Bernstein and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, analyze a recent case which demonstrates the degree to which copyright law has become truly international and multinational. Not only do the copyright regimes of other countries and the Berne Convention dramatically impact current U.S. copyright law and copyright exploitation strategy, they have also reached into and rewritten the history of our public domain.

By Robert J. Bernstein and Robert W. Clarida

11 minute read

December 13, 2004 | New Jersey Law Journal

Two footnotes and a concurring opinion to a recent Supreme Court decision suggest that we may not have heard the end of ERISA litigation concerning so-called negligent benefit denials.

By Michael H. Bernstein

8 minute read

November 19, 2010 | New York Law Journal

In their Copyright Law column, Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, of The Law Office of Robert J. Bernstein, write: Two recent cases from Texas prompt this month's column. One is so flatly, transparently, egregiously wrong that the reader can only marvel. The other is a perfectly reasonable decision that carefully applies Daubert to reject some really dubious litigation tactics, like offering expert testimony to show how the members of a particular profession interpret the Copyright Act.

By Robert W. Clarida and Robert J. Bernstein

12 minute read

November 19, 1999 | Law.com

In the M&A world, there are always hot-button issues. Over the years, different issues have become a focus because of their importance to business valuations or their relevance to liability exposure for the buyer. In the current environment, a very important issue in many deals is an analysis of the Internet-related business activities of the company to be acquired. This article focuses on valuation and due diligence, two particularly crucial aspects of the Web portion of any deal.

By James E. Abbott and Alan J. Bernstein

14 minute read