Bernstein

March 13, 2017 | New York Law Journal

Joshua D. Bernstein and Nathan T. Horst review the protections offered by §414 of the New York Limited Liability Company Law, which permits removal of LLC managers by majority vote. Their analysis examines its purpose, provisions, and relevant case law and offers advice for LLC investors looking to obtain its full benefits.

By Joshua D. Bernstein and Nathan T. Horst

16 minute read

March 13, 2017 | New York Law Journal

Joshua D. Bernstein and Phillip Spinella of Akerman write: Hotel management agreements often contain forum selection clauses that select New York as the forum for litigation. This is so despite the fact that often neither the parties nor the hotel in question has any connection to the state. When disputes inevitably arise, the question becomes whether those forum selection clauses are enforceable and whether the doctrine of forum non conveniens applies.

By Joshua D. Bernstein and Phillip Spinella

19 minute read

February 14, 2017 | New York Law Journal

Copyright Law columnists Robert J. Bernstein and Robert W. Clarida write: The treasure trove of pre-1972 hits has spawned a multitude of civil actions, appeals to the Second, Ninth and Eleventh Circuits, certifications to the highest courts of New York and Florida, and a complex class action settlement agreement with multiple contingencies depending primarily on whether the pending actions ultimately recognize a public performance right.

By Robert J. Bernstein and Robert W. Clarida

17 minute read

January 25, 2017 | New York Law Journal

Anita Bernstein and Lauren Boulbol of Brooklyn Law School writes: Violating New York Judiciary Law §487 can be memorably costly for an errant attorney, but successful plaintiffs may have to worry about collecting on §487 judgments they receive. Lawyers' assets are not always in ready reach of prevailing parties. How can plaintiffs collect their judgments when defendants' assets and malpractice insurance are both limited?

By Anita Bernstein and Lauren Boulbol

20 minute read

December 22, 2016 | New York Law Journal

In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein examine litigation related to copyright in the song "We Shall Overcome." In a putative class-action suit against the copyright holder, plaintiffs claimed that the copyright was invalid because of defects in the registration for the song, fraudulent procurement of the registration, and publication of the song without proper copyright notice. Plaintiffs also asserted four claims under New York state law.

By Robert W. Clarida and Robert J. Bernstein

16 minute read

December 20, 2016 | New York Law Journal

Joshua D. Bernstein and Steven M. Cordero, of Akerman, examine Real Property Tax Law §421-a tax benefits after developers receiving such benefits decide to convert their projects to rentals. In doing so, however, they have jeopardized receipt of those incentives as provided by law for eligible projects. By altering the scope of their plans and failing to abide by New York's rent regulations, some of them have lost their favorable tax treatment, which was the very economic engine that made those projects viable. Now, the New York City government is seeking to rein in the granting of benefits to owners who do not meet the statute's requirements.

By Joshua D. Bernstein and Steven M. Cordero

17 minute read

December 08, 2016 | New York Law Journal

Anita Bernstein, a professor at Brooklyn Law School, analyzes the Appellate Division, First Department's "adjectival criteria" in legal malpractice cases. She writes: while all the adjectives in the statute are either neutral or plaintiff-favoring, the First Department has written adjectival criteria that make it hard for plaintiffs to win. There's more: First Department cases say that plaintiffs must show a "pattern" of attorney misconduct, and assert that redress for this wrong must be "not lightly given." These hurdles, she writes, do not appear anywhere in the statute. "Chronic, extreme," "egregious." Redress for injured people "not lightly given." The "pattern" criterion. Where did the First Department's discouraging-to-plaintiffs words come from?

By Anita Bernstein

30 minute read

October 21, 2016 | New York Law Journal

Copyright Law columnists Robert J. Bernstein and Robert W. Clarida examine the law of statutory damages, in light of the Ninth Circuit's decision in 'Friedman v. Live Nation Merchandise', which considered, inter alia, two issues greatly affecting the amount of statutory damages: willfulness, and the number of separate awards available for downstream infringements.

By Robert J. Bernstein and Robert W. Clarida

23 minute read

August 16, 2016 | New York Law Journal

In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein discuss 'Kirtsaeng v. John Wiley & Sons,' a case that has earned a previously unprecedented second trip to the Supreme Court for review of the standards for awarding attorney fees to prevailing parties in copyright cases.

By Robert W. Clarida and Robert J. Bernstein

19 minute read

June 27, 2016 | New York Law Journal

Daniel M. Bernstein of Venable discusses opportunities for existing multifamily properties to utilize significant economic incentives for maintaining or extending the affordability of residential units or for performing certain rehabilitation or preservation construction work, and significant incentives available for the conversion of existing non-residential buildings to allow residential use.

By Daniel M. Bernstein

25 minute read