Bernstein

November 13, 2017 | New York Law Journal

Gregg D. Minkin and Jedidiah M. Bernstein write: It is imperative that the Defense bar in New York bring the Reptile strategy to the court's attention and begin to develop the law in that regard.

By Gregg D. Minkin and Jedidiah M. Bernstein

8 minute read

November 06, 2017 | New Jersey Law Journal

An argument for updating the 1911 schedule of disabilities with a modern wage-loss system.

By Jay H. Bernstein

6 minute read

October 17, 2017 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss a recent decision which upheld the fair use defense with regard to "How the Grinch Stole Christmas" and dismissed the copyright infringement and other counterclaims with prejudice.

By Robert J. Bernstein and Robert W. Clarida

9 minute read

August 15, 2017 | New York Law Journal

Copyright Law columnists Robert W. Clarida and Robert J. Bernstein write: Appropriation artist Richard Prince is back in court this summer for alleged copyright infringement, and the initial proceedings do not augur well for his current efforts to defend his "recontextualizing" of another's photograph as a fair use.

By Robert W. Clarida and Robert J. Bernstein

18 minute read

August 02, 2017 | New York Law Journal

Joshua D. Bernstein and Kathleen M. Prystowsky write: After putting so much time and resources into negotiating a purchase agreement, and recognizing that deposits for the sale of hotels can run in the millions of dollars, it is important to put significant effort into protecting the seller's rights throughout the implementation of the agreement. Such steps are crucial to lessen exposure should the transaction fail.

By Joshua D. Bernstein and Kathleen M. Prystowsky

18 minute read

July 14, 2017 | Daily Report Online

Lawyers analyze the Supreme Court's abortion decision and seek lessons for business.

By John C. Amabile, A. Todd Sprinkle and Micheal L. Binns, Parker Poe Adams & Bernstein

11 minute read

June 23, 2017 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss the recent decision in 'Kaseberg v. Conaco', wherein plaintiff claimed that five jokes he wrote and published on his blog or Twitter feed were infringed by jokes told by Conan O'Brien. In denying defendants' motion for summary judgment on three of the five jokes at issue, the judge considered arguments on copying versus independent creation, protected expression, and scope of protection. Serious issues indeed!

By Robert J. Bernstein and Robert W. Clarida

17 minute read

May 08, 2017 | New York Law Journal

Joshua Bernstein and Vanessa Garcia write that celebrity chefs and signature restaurants have become an essential component of any successful high-end hotel, but there are potential pitfalls in co-branding. Savvy business owners will make sure to include reasonable and enforceable non-compete clauses among the terms of employment for the chefs with whom they co-brand any of these business ventures.

By Joshua Bernstein and Vanessa Garcia

14 minute read

April 18, 2017 | New York Law Journal

Copyright Law columnists Robert W. Clarida and Robert J. Bernstein write: Some eminent U.S. Supreme Court watchers have speculated that the court's temporary 4-4 ideological stalemate in 2016 led it to avoid cases involving hot-button issues. One case that arguably lends credence to this theory is 'Star Athletica v. Varsity Brands', which raised no contentious political issues, to put it mildly, but did give the court an opportunity to standardize an uncommonly chaotic body of case law surrounding the application of copyright law's "conceptual separability doctrine" to useful articles, including garments.

By Robert W. Clarida and Robert J. Bernstein

17 minute read

April 13, 2017 | New York Law Journal

Anita Bernstein writes: Depending how you count, there are approximately 62 statutory provisions for treble damages in New York law. Read together, most of them share an interest in vulnerable people.

By Anita Bernstein

20 minute read