Bernstein

July 19, 2000 | Law.com

The world of electronic transactions got a big boost when the "Electronic Signatures in Global and National Commerce Act" became law. While it's difficult to predict all of the twists and turns of technological developments, this article discusses how the E-Signature Act interacts with current law and potentially affects all aspects of business and consumer transactions.

By Leonard A. Bernstein and Gary L. Kaplan

17 minute read

April 17, 2013 | New York Law Journal

In their Copyright law column, Robert J. Bernstein, of The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Reitler, Kailas & Rosenblatt, write that a divided U.S. Supreme Court reversed the Second Circuit and held that the 'first sale' defense applies equally to U.S. and foreign-made goods, thereby substantially vitiating the exclusive importation right that copyright owners had relied upon in their territorial licensing practices.

By Robert J. Bernstein and Robert W. Clarida

12 minute read

July 24, 2006 | National Law Journal

With much fanfare (among trademark owners and their counsel), Congress passed the Federal Trademark Dilution Act a decade ago. But what was so promising in theory did not work as well in practice. So Congress has come back with a series of important revisions that should help protect the power of America's iconic brand names.

By David H. Bernstein

14 minute read

April 18, 2012 | New York Law Journal

In their Real Estate Contracts column, Todd E. Soloway and Joshua D. Bernstein, partners at Pryor Cashman, write that, given the structure of most hotel management agreements, unless a hotel management company has a present ownership interest in the hotel, courts routinely reject attempts to enjoin the termination of the management agreement.

By Todd E. Soloway and Joshua D. Bernstein

14 minute read

June 21, 2013 | New York Law Journal

In their Copyright Law column, Robert W. Clarida, a partner at Reitler, Kailas & Rosenblatt, and Robert J. Bernstein, who practices law at The Law Office of Robert J. Bernstein, write that a properly drafted terms of use can provide exclusive rights in the users' individual postings, and even at the more abstract level of compilation copyright a plaintiff like Craigslist should have a strong claim against wholesale scraping.

By Robert W. Clarida and Robert J. Bernstein

10 minute read

November 16, 2012 | New York Law Journal

In their Copyright Law column, Robert W. Clarida, a partner at Reitler, Kailas & Rosenblatt, and Robert J. Bernstein, pricipal at The Law Office of Robert J. Bernstein, analyze a dispute between two religious institutions over an ancient religious writing that raised some very 21st Century intellectual property issues.

By Robert W. Clarida and Robert J. Bernstein

11 minute read

February 20, 2013 | New York Law Journal

In their Copyright Law column, Robert W. Clarida, a partner with Reitler, Kailas & Rosenblatt, and Robert J. Bernstein of The Law Office of Robert J. Bernstein, analyze two recent federal appellate decisions illustrating that infringement claims require not just overall similarity of appearance, but similarity as to the original, protectable elements of plaintiff's work.

By Robert W. Clarida and Robert J. Bernstein

7 minute read

January 20, 2012 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein of The Law Office of Robert J. Bernstein and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, review the Register of Copyrights' recently-issued report recommending that federal copyright protection be expanded to pre-1972 sound recordings without disturbing ownership rights and contracts based on state law.

By Robert J. Bernstein and Robert W. Clarida

11 minute read

May 27, 2008 | Daily Report Online

IRAPUATO, Mexico AP - Antonio Martinez no longer pays smugglers thousands of dollars each year to sneak him into the United States to manage farm crews. Now, the work comes to him.Supervising lettuce pickers in central Mexico, Martinez earns just half of the US$1,100 a week he made in the U.S. But the job has its advantages, including working without fear of immigration raids.

By JESSICA BERNSTEIN-WAX

5 minute read

May 18, 2012 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein.who practices in The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Reitler Kailas & Rosenblatt, write that the crux of the dispute concerns whether YouTube qualifies for the safe harbor provision set forth in �512 (c) of the DMCA, 17 U.S.C. �512(c), which requires that an ISP have neither actual nor constructive knowledge of the infringing activity nor the right and ability to control it.

By Robert J. Bernstein and Robert W. Clarida

12 minute read