Bernstein

July 25, 2005 | New Jersey Law Journal

A recent Supreme Court decision that the ADA applies to foreign-flagged cruise ships calls into question the principle that express Congressional intent is required before courts apply federal law abroad.

By Robert H. Bernstein and Gregory B. Reilly

9 minute read

March 13, 2002 | New York Law Journal

I n a copyright action, where the defendant is unlikely to prevail on the merits, a cost-effective strategy may be found in the offer of judgment provision of the Federal Rules and the costs and attorneys` fees section of the Copyright Act.

By David Goldberg And Robert J. Bernstein

9 minute read

November 17, 2006 | New York Law Journal

Robert Jay Bernstein, a New York City practitioner, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the Supreme Court, in MGM v. Grokster, articulated a new inducement of infringement basis for secondary liability, but left it largely undeveloped and remanded the case for further proceedings to determine whether the defendants had in fact "induced" third parties to infringe. That question has now been answered in the first decision applying the Supreme Court's new theory.

By Robert Jay Bernstein and Robert W. Clarida

11 minute read

June 23, 2011 | New York Law Journal

Richard D. Bernstein,Barry P. Barbash and James C. Dugan, partners at Willkie Farr & Gallagher, Write that the U.S. Supreme Court's decision last week in Janus closes a number of doors on various kinds of potential Rule 10b-5 cases, but its greatest impact may well be its application of a general rule of narrow construction to the language of Rule 10b-5 itself.

By Richard D. Bernstein, Barry P. Barbash and James C. Dugan

7 minute read

May 09, 2008 | Law.com

The efforts of the entertainment industry to stem the infringement of sound recordings and motion pictures on the Internet have been widely reported. More than 20,000 infringement actions have been commenced against individuals, mostly in connection with their use of peer-to-peer ("P2P") services to share recordings with other P2P users. The legal basis for these actions is often misunderstood, however, by commentators -- and sometimes even by the courts. This article discusses several recent P2P cases that deal directly with a central element of most P2P cases, namely the allegation that users violate the plaintiffs' distribution rights under 17 U.S.C. �106 whenever they place a digital recording or video in a "share" folder that other P2P users can access.

By Robert W. Clarida and Robert J. Bernstein

13 minute read

June 10, 2010 | New York Law Journal

Lisa J. Sotto, a partner at Hunton & Williams, and Scott H. Bernstein and Boris Segalis, associates at the firm, write: The Bankruptcy Code establishes a direct link between the quality of a company's privacy notice and the value of personal information collected pursuant to the notice. A strategic approach to maintaining the value of personal information assets and mitigating against the restrictions ombudsmen and bankruptcy courts may impose on sales or leases of personal information assets requires companies to implement comprehensive and robust privacy notices that anticipate changes in their business circumstances.

By Lisa J. Sotto, Scott H. Bernstein and Boris Segalis

14 minute read

May 20, 2005 | New York Law Journal

Robert Jay Bernstein, a past president of the Copyright Society of the USA, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, return to pre-1972 days when sound recordings were not yet protected by the copyright law of the United States. The common law of most states, including New York, as well as state statutes, did provide copyright protection for sound recordings prior to 1972. Such protection included both civil causes of action for infringement and criminal anti-piracy statutes.

By Robert Jay Bernstein and Robert W. Clarida

8 minute read

November 27, 2006 | Law.com

Although forensic accounting has been a specialized practice area for many years, its importance has increased in the wake of numerous corporate investigations, including SEC inquiries into backdated stock options. While financial investigations are challenging and costly for a company facing regulatory, shareholder or law enforcement actions, the alternative of losing control of the situation is far worse. Forensic practices director Andrew C. Bernstein gives advice for a "successful" investigation.

By Andrew C. Bernstein

6 minute read

May 19, 2006 | New York Law Journal

Robert J. Bernstein, a New York City practicioner, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the Grateful Dead has inspired generations of musicians, composers and fans. Now it will have another, albeit unintentional, legacy, as the subject of an appellate precedent which strengthened the arsenal of defendants in fair use cases, giving future authors more leeway when using prior works to compose new ones.

By Robert J. Bernstein and Robert W. Clarida

15 minute read

March 22, 2005 | Law.com

Broadly speaking, every state recognizes individuals' right to prevent the unauthorized use of their names and likenesses for commercial purposes. Some states consider this a civil right similar to the right of privacy, but elsewhere the concept is termed a "right of publicity." A recent 7th Circuit decision raises a fascinating issue that has sometimes divided the courts: When and how might the federal Copyright Act pre-empt state causes of action arising from the right of publicity?

By Robert J. Bernstein and Robert W. Clarida

13 minute read