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Bernstein

Bernstein

February 19, 2014 | New York Law Journal

Sherlock Holmes and the Public Domain: not so Elementary?

In their Copyright Law column, Robert W. Clarida of Reitler, Kailas & Rosenblatt, and Robert J. Bernstein of The Law Office of Robert J. Bernstein write: On Dec. 23, 2013, the Northern District of Illinois delivered a Christmas present for the Sherlock Holmes lovers of the world: Klinger v. Conan Doyle Estate Ltd., a suitably labyrinthine decision that should resolve any lingering mystery about the public domain status of the Sherlock Holmes stories by Sir Arthur Conan Doyle.

By Robert W. Clarida and Robert J. Bernstein

10 minute read

January 30, 2014 | New Jersey Law Journal

Perishable Goods and the Bankruptcy Code: Things Are Getting Personal

An individual in control of a company that purchases perishable agricultural goods can be held personally liable when the seller is not paid by the bankrupt company.

By Charles A. Stanziale Jr., Jeffrey T. Testa and Scott H. Bernstein

9 minute read

January 29, 2014 | New York Law Journal

The Enforceability of Letters of Intent

In their Real Estate Litigation column, Todd E. Soloway and Joshua D. Bernstein, partners at Pryor Cashman, examine the question: What happens when parties execute a letter of intent involving a real estate transaction, but, instead of finalizing the transaction, the deal falls through? Is the letter of intent an enforceable agreement that would give rise to liability?

By Todd E. Soloway and Joshua D. Bernstein

13 minute read

December 20, 2013 | New York Law Journal

Google Granted Summary Judgment on Fair Use Defense

In their Copyright Law column, Robert J. Bernstein of The Law Office of Robert J. Bernstein and Robert W. Clarida of Reitler, Kailas & Rosenblatt, review the recent decision 'The Authors Guild v. Google,' which upheld Google's fair use defense in relation to the company's Google Books library project.

By Robert J. Bernstein and Robert W. Clarida

11 minute read

June 10, 2013 | Inside Counsel

Labor: 7 ways a company can protect its rights when working with a union contract

Buyers remorse often sets in when a purchaser realizes that a newly acquired business or facility comes equipped with a union contract that makes it both difficult and expensive to operate in the manner the purchaser anticipated.

By Howard Bernstein

6 minute read

October 01, 2008 | Corporate Counsel

A New French Twist

A French court applies U.S. law in a copyright case against Google.

By Robert Clarida and Robert Bernstein

5 minute read

October 08, 2009 | The Legal Intelligencer

Municipal Securities: RWQ&A

If you're like most investors, chances are you can benefit from the tax advantages of municipal bonds. And if you're in the top tax brackets, municipal bonds can be a particularly attractive investment.

By bradford s. bernstein

4 minute read

June 11, 2009 | Daily Report Online

In Memoriam: Lawyer remembers Celeste Sauls Jenks' love of the law

Some lawyers grace the pages of the Daily Report with stories of grand victories or promotions. Other lawyers are celebrated for their longevity at the practice. Today, we should hail the memory of Celeste Sauls Jenks to stand for the love of the law. Celeste passed away Friday, June 5-the day before what would have been her 40th birthday.

By B.J. Bernstein

4 minute read

July 20, 2012 | New York Law Journal

Fair Use Finding Without Discovery

In their Copyright Law column, Reitler, Kailas & Rosenblatt partner Robert W. Clarida and Robert J. Bernstein of The Law Office of Robert J. Bernstein write: A recent Seventh Circuit decision breaks some interesting procedural ground by allowing a copyright defendant to assert - and prevail on - a fair use defense by way of a dismissal motion under Rule 12(b)(6). The decision underscores the dispositive role of comparing the works themselves, and confirms that where the court can make such a comparison it need not wait for any particular procedural juncture to resolve the fair use question.

By Robert W. Clarida and Robert J. Bernstein

10 minute read

August 17, 2010 | Daily Report Online

"A sad chapter" is repeated

The comments of lawyers, court officials and friends all say "it's a sad chapter for the judge." What is missing is that it's a sad chapter for the women as well.I read about the resignation of Judge Ken Nix and it sickened my stomach in a way that I uniquely have felt sickened before. As a young assistant district attorney in the Piedmont Circuit, I went into the chambers of Judge James L.

By B.J. Bernstein

6 minute read