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 PersonalAn 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 IntentIn 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 DefenseIn 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 contractBuyers 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 TwistA 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&AIf 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 lawSome 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 DiscoveryIn 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 repeatedThe 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