Bernstein

January 13, 2015 | New York Law Journal

In their Hospitality Litigation column, Todd E. Soloway and Joshua D. Bernstein examine the structure of common indemnification provisions in hotel management agreements and what a hotel owner must be cognizant of before agreeing to this potentially burdensome additional financial obligation.

By Todd E. Soloway and Joshua D. Bernstein

9 minute read

November 13, 2014 | Commercial Litigation Insider

In their Real Estate Litigation column, Todd Soloway, Joshua Bernstein and Eric Dowell discuss the "Rule of Definiteness" in real estate contracts and write: This "definiteness" requirement is among the oldest in contract law but often is forgotten in a time where the pace of transactions and client pressure to "get the deal done" necessitates that certain terms be left open.

By Todd E. Soloway, Joshua D. Bernstein and Eric D. Dowell

10 minute read

October 29, 2014 | New York Law Journal

In their Real Estate Litigation column, Todd Soloway, Joshua Bernstein and Eric Dowell discuss the "Rule of Definiteness" in real estate contracts and write: This "definiteness" requirement is among the oldest in contract law but often is forgotten in a time where the pace of transactions and client pressure to "get the deal done" necessitates that certain terms be left open.

By Todd E. Soloway, Joshua D. Bernstein and Eric D. Dowell

10 minute read

October 27, 2014 | The Legal Intelligencer

This past summer, the media was filled with images of children, largely from Honduras, El Salvador and Guatemala, crossing the border without their parents and turning themselves in to immigration authorities. They are youths like HIAS Pennsylvania's client, Maria, 16 years old, who was abused by her stepfather, and whose mother told smugglers to "have their way with her" in lieu of payment. She was held hostage for five days but, eventually, with the help of an adult, reached the U.S. border. Maria is a victim of human trafficking.

By Judith Bernstein-Baker

9 minute read

October 20, 2014 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida analyze a recent decision in which Southern District Judge Thomas P. Griesa, weighing the alleged re-creation of three scenes from the infamous pornographic film "Deep Throat" as part of a 2013 film, "Lovelace," produced by The Weinstein Company, upheld the defense of fair use and granted Weinstein's motion for judgment on the pleadings.

By Robert J. Bernstein and Robert W. Clarida

13 minute read

September 12, 2014 | The Legal Intelligencer

Novel privilege arguments have been raised in discovery proceedings. This article is intended to discuss these new arguments and their shortfalls.

By Mark I. Bernstein and Maura McCarthy

8 minute read

August 21, 2014 | New York Law Journal

In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein write: What do cheerleading uniforms and laminated faux-maple flooring have in common? Both have recently been the subject of dubious rulings about the copyrightability of useful articles that could, if not reversed, further muddy the already murky doctrinal waters the courts have created around this issue.

By Robert W. Clarida and Robert J. Bernstein

11 minute read

August 20, 2014 | New York Law Journal

In their Hospitality Litigation column, Todd E. Soloway, Joshua D. Bernstein and Jared D. Newman of Pryor Cashman discuss the the extent of a hotel company's liability to guests whose personal information was stolen, given the increasing sophistication of computer hackers and their ability to infiltrate even the best designed data security systems.

By Todd E. Soloway, Joshua D. Bernstein and Jared D. Newman

12 minute read

June 20, 2014 | New York Law Journal

In his Copyright Law column, Robert J. Bernstein and Robert W. Clarida analyze 'Authors Guild v. HathiTrust,' in which the Second Circuit joined the Ninth and Fourth Circuits in finding, in appropriate circumstances, that mass digitization to facilitate search may qualify as transformative use even if the original work itself is not changed or placed in a new context that could be considered commentary or scholarship.

By Robert J. Bernstein and Robert W. Clarida

13 minute read

April 30, 2014 | New York Law Journal

In their Hospitality Litigation column, Todd E. Soloway And Joshua D. Bernstein of Pryor Cashman write: Though often overlooked when negotiating a hotel management contract, ownership of hotel guest records can rapidly become a point of contention when a hotel transitions to new management, either by termination of the previous management agreement or otherwise, and both parties want to retain and continue to make use of the hotel guest records.

By Todd E. Soloway and Joshua D. Bernstein

11 minute read