Bernstein

December 11, 2007 | New York Law Journal

Richard D. Bernstein, a partner at Willkie Farr & Gallagher, and Frank M. Scaduto, an associate at the firm, write that the U.S. Supreme Court has raised the bar for securities fraud complaints alleging violations of �10(b) of the 1934 Act. In an 8-1 decision, the Court held that "an inference of scienter must be more than merely plausible or reasonable - it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent."

By Richard D. Bernstein and Frank M. Scaduto

22 minute read

January 21, 2011 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, analyze cases which starkly demonstrate the differing fates that may befall transactions intended by the copyright owner to preserve ownership.

By Robert J. Bernstein and Robert W. Clarida

13 minute read

November 16, 2007 | Law.com

It isn't often that a federal court of appeals throws a grave constitutional shadow over a substantive provision of the Copyright Act. In fact, until the Tenth Circuit's recent decision in Golan v. Gonzales, it had never happened before.

By Robert W. Clarida and Robert Jay Bernstein

12 minute read

June 04, 2010 | New York Law Journal

Peter S. Partee, a partner at Hunton & Williams, and Scott H. Bernstein, a senior associate with the firm, review a case in which the court held that a debt purchaser's vote to reject the debtors' Chapter 11 plan should be "designated" and, thus, not counted, under §1126(e) because it was cast to gain control of the bankrupt company rather than to maximize the claim holder's returns. The court also held that the class of which the debt purchaser's claim was the sole member should be deemed to have voted to accept the plan, thereby allowing the bankrupt company to avoid the "cram down" requirements of §1129(b).

By Peter S. Partee and Scott H. Bernstein

11 minute read

July 06, 2009 | New York Law Journal

Richard D. Bernstein, a partner at Willkie Farr & Gallagher, and Frank M. Scaduto, an associate at the firm, write: The U.S. Supreme Court's most important decision this term affecting business litigation did not involve a business. Ashcroft v. Iqbal will make it harder for numerous civil plaintiffs to escape dismissal of claims brought in federal court. Although the facts in Iqbal concern racial and religious discrimination claims by a post-Sept. 11 Muslim detainee, Iqbal will have a major impact in business litigation. This is because Iqbal expressly applies to the pleading of each element, including knowledge and intent, of every claim in federal court.

By Richard D. Bernstein and Frank M. Scaduto

10 minute read

July 15, 2005 | New York Law Journal

Robert Jay Bernstein, of the Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, analyze a recent U.S. Supreme Court ruling on the liability of certain Internet services and software providers for acts of copyright infringement committed by their users, mainly young music and movie fans who exchange copyrighted works through so-called peer-to-peer networks.

By Robert Jay Bernstein and Robert W. Clarida

14 minute read

March 21, 2011 | Legaltech News

What do the following have in common: Grammy-winning pop singer and "fame monster" Lady Gaga, the annual avant-garde Burning Man festival, and a group of physician advocates called Medical Justice? All have recently taken unusually aggressive copyright positions against people who dare to feature or refer to them in works of authorship.

By Robert W. Clarida and Robert J. Bernstein

13 minute read

June 29, 2009 | New York Law Journal

Peter S. Partee, a partner at Hunton & Williams, and Scott H. Bernstein, an associate at the firm, write: Ordinarily, a confirmed plan of reorganization provides that the reorganized debtor's operations will now be financed by its revenues. However, during this recession a number of reorganized companies have experienced financial difficulties after confirmation of their plans. The current environment provides a good opportunity to review the options that are available under the Bankruptcy Code for reorganized companies that become financially distressed after confirmation of their reorganization plans.

By Peter S. Partee and Scott H. Bernstein

9 minute read

July 20, 2007 | New York Law Journal

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, a practitioner in The Law Office of Robert J. Bernstein, review a recent sharply divided opinion from the Ninth Circuit which addressed the potential liability of third parties for on-line copyright infringements by their users--only this time, the third party was not a location service, such as Napster, but the credit card companies that allow customers to purchase infringing content with their cards.

By Robert W. Clarida and Robert J. Bernstein

14 minute read

July 16, 2010 | New York Law Journal

In their Copyright Law column, Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and solo practitioner Robert J. Bernstein discuss the new developments, and constitutionality of the Copyright Restoration Act with regard to works of foreign origin.

By Robert W. Clarida and Robert J. Bernstein

13 minute read