Bernstein

January 24, 2019 | National Law Journal

A retired Willkie Farr & Gallagher partner writes that the prospect of narrow, limited injunctive relief would give the broader electorate more skin in the shutdown game.

By Richard Bernstein

6 minute read

December 07, 2018 | New Jersey Law Journal

OP-ED: The state's outdated "last in, first out" law prevents children in Newark from getting the education they deserve. And when politicians fail to protect children, the court system provides a way to seek justice, enforce their constitutional rights and make positive change.

By Alissa Bernstein

7 minute read

November 30, 2018 | New York Law Journal

Which elements not expressly provisioned in Judiciary Law §487, if any, are necessary for a successful claim of treble damages?

By Anita Bernstein and John Crain

8 minute read

November 29, 2018 | New York Law Journal

Copyright Law columnists Robert J. Bernstein and Robert W. Clarida write: The journey to final judgment has gotten decidedly longer for the rock group Led Zeppelin. On Sept. 28, 2018, the U.S. Court of Appeals for the Ninth Circuit vacated the district court judgment dismissing a claim of infringement against the band's iconic hit “Stairway to Heaven," following a jury verdict in the band's favor based on the jury's finding that the similarities between the songs did not concern copyrightable material.

By Robert J. Bernstein and Robert W. Clarida

10 minute read

September 20, 2018 | New York Law Journal

Copyright Law columnists Robert W. Clarida and Robert J. Bernstein write: On July 20, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?

By Robert W. Clarida and Robert J. Bernstein

8 minute read

July 26, 2018 | New York Law Journal

Now that a divided panel of the U.S. Court of Appeals for the Ninth Circuit has issued an amended opinion affirming the denial of a new trial motion and an order denying rehearing en banc in Williams v. Gaye.

By Robert J. Bernstein and Robert W. Clarida

1 minute read

May 18, 2018 | New York Law Journal

Copyright Law columnists Robert W. Clarida and Robert J. Bernstein discuss 'Oracle America v. Google', writing: With a third jury trial ahead and the stakes for both parties high enough to justify further appeals, the case is far from over.

By Robert W. Clarida and Robert J. Bernstein

8 minute read

March 29, 2018 | New York Law Journal

In his Copyright Law column, Robert J. Bernstein writes: 'TVEyes' stands out as a notable reminder that “[t]he task [of fair use analysis] is not to be simplified with bright-line rules, for the statute, like the doctrine it recognizes, calls for case-by-case analysis.”

By Robert J. Bernstein

10 minute read

March 19, 2018 | Daily Report Online

Two Parker Poe attorneys write that they believe 2018 will see a growing emphasis on disputes arising from corporations' delays in notifying the public, the affected individuals and regulatory bodies about their breaches.

By John Amabile and Micheal Binns, Parker Poe Adams & Bernstein

6 minute read

January 18, 2018 | New York Law Journal

Copyright Law columnists Robert W. Clarida and Robert J. Bernstein write: Although not providing guidance on fair use of musical quotations by or from jazz musicians, the decision in 'Estate of Smith v. Cash Money Records' is of interest for both its treatment of Drake's lengthy re-contextualization of Smith's commentary and its relatively rare, even if tangential, application to a jazz recording.

By Robert W. Clarida and Robert J. Bernstein

9 minute read