Bernstein

September 17, 2015 | The Legal Intelligencer

From President Obama's executive actions, to sanctuary cities, to the campaign trail for the 2016 presidential election, undocumented immigrants and immigration reform are a hot topic. Illegal immigration stories fill the media daily and abound around the water cooler. While this remains an important subject that requires prompt attention, undocumented immigrants are not the only group of immigrants that need assistance with a challenging system.

By Judith Bernstein-Baker and Valentine A. Brown

6 minute read

September 17, 2015 | New York Law Journal

Anita Bernstein examines legal malpractice claims from the past five years of Appellate Division cases to show the lapses of diligence, expert witness errors and failures to communicate that caused clients to forfeit the value of their claims, and gave them the chance to recover damages from their attorneys.

By Anita Bernstein

10 minute read

September 16, 2015 | New York Law Journal

Anita Bernstein examines legal malpractice claims from the past five years of Appellate Division cases to show the lapses of diligence, expert witness errors and failures to communicate that caused clients to forfeit the value of their claims, and gave them the chance to recover damages from their attorneys.

By Anita Bernstein

10 minute read

August 27, 2015 | New York Law Journal

In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein write that after the U.S. Supreme Court dealt a devastating blow to Aereo, the streaming service unsuccessfully attempted to stave off the entry of a preliminary injunction by arguing that it should qualify as a "cable system." Last month, however, a copycat technology in California succeeded with the same argument that the Southern District had soundly and somewhat sarcastically rejected in the Aereo remand.

By Robert W. Clarida and Robert J. Bernstein

9 minute read

August 27, 2015 | New York Law Journal

In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein write that after the U.S. Supreme Court dealt a devastating blow to Aereo, the streaming service unsuccessfully attempted to stave off the entry of a preliminary injunction by arguing that it should qualify as a "cable system." Last month, however, a copycat technology in California succeeded with the same argument that the Southern District had soundly and somewhat sarcastically rejected in the Aereo remand.

By Robert W. Clarida and Robert J. Bernstein

9 minute read

August 19, 2015 | New York Law Journal

In their Real Estate Litigation column, Todd E. Soloway and Joshua D. Bernstein write: Though hotel managers typically argue otherwise, under New York law hotel owners are permitted to effectuate the removal of their managers by using self-help without the need for judicial intervention.

By Todd E. Soloway and Joshua D. Bernstein

13 minute read

August 18, 2015 | New York Law Journal

In their Real Estate Litigation column, Todd E. Soloway and Joshua D. Bernstein write: Though hotel managers typically argue otherwise, under New York law hotel owners are permitted to effectuate the removal of their managers by using self-help without the need for judicial intervention.

By Todd E. Soloway and Joshua D. Bernstein

13 minute read

August 11, 2015 | New York Law Journal

Anita Bernstein writes: Legal malpractice cases have always been hard to win in New York...but when plaintiffs are real estate clients, they fare a bit better. A look at real estate malpractice claims in the Appellate Division over the last five years reveals nine patterns that are worth knowing about.

By Anita Bernstein

10 minute read

August 10, 2015 | New York Law Journal

Anita Bernstein writes: Legal malpractice cases have always been hard to win in New York...but when plaintiffs are real estate clients, they fare a bit better. A look at real estate malpractice claims in the Appellate Division over the last five years reveals nine patterns that are worth knowing about.

By Anita Bernstein

10 minute read

June 17, 2015 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss Cindy Lee Garcia's attempt to have "The Innocence of Muslims," which contains blasphemous statements dubbed over her actual words, removed from YouTube, and the Ninth Circuit's en banc holding that an actor's performance in a motion picture is not separately copyrightable, but instead is merged into the copyright for a film.

By Robert J. Bernstein and Robert W. Clarida

11 minute read