Bernstein

June 15, 2016 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida write that on June 2, the Ninth Circuit held that a 0.23 second sample from a sound recording of three horns simultaneously playing the notes of a chord did not meet the de minimis standard for copyright infringement, rejecting the reasoning of the Sixth Circuit in a 2005 decision that any sampling, no matter how brief, was infringing.

By Robert J. Bernstein and Robert W. Clarida

11 minute read

May 11, 2016 | New York Law Journal

In their Real Estate Litigation column, Todd Soloway and Joshua Bernstein answer the question: "What do pop singer Kesha, hotel owners and other parties to commercial contracts have in common?"

By Todd E. Soloway and Joshua D. Bernstein

10 minute read

April 20, 2016 | New York Law Journal

In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein write: Although copyright registration is sometimes viewed as a mere formality, inaccurate statements made in registration applications may come back to haunt the plaintiff, as a recent decision showed.

By Robert W. Clarida and Robert J. Bernstein

15 minute read

March 14, 2016 | New York Law Journal

Drew Bernstein of Marcum Bernstein & Pinchuk, and Caryn G. Schechtman and Robert D. Weber of DLA Piper, share the extraordinary amount of specialized knowledge, resourcefulness, and patience it requires to complete transactions and educate parties on both sides to avoid running afoul of U.S. and Chinese laws.

By Drew Bernstein, Caryn G. Schechtman and Robert D. Weber

16 minute read

March 04, 2016 | New Jersey Law Journal

Large employers (100 or more employees) are advised to begin preparing for additional reporting requirements regarding their employees' hours and earnings.

By Robert Bernstein and Michael Slocum

7 minute read

March 03, 2016 | New York Law Journal

Anita Bernstein writes that the damages element of a malpractice prima facie case describes attorney error with reference to the harm that it caused: Because the lawyer failed to act with care, a loss ensued. Like every other element of legal malpractice, the damages element comes with opportunities for parties in court, clients and lawyers alike.

By Anita Bernstein

11 minute read

February 23, 2016 | New York Law Journal

Robert W. Clarida and Robert J. Bernstein discuss a a much-anticipated policy statement from the Commerce Department, "White Paper on Remixes, First Sale and Statutory Damages: Copyright Policy, Creativity, and Innovation in the Digital Economy."

By Robert W. Clarida and Robert J. Bernstein

10 minute read

January 29, 2016 | New York Law Journal

Anita Bernstein writes that the Appellate Division departments impose stringent criteria for the breach element when clients complain about malpractice in criminal defense, but for civil-defense lawyers, a wider range of misbehaviors will suffice.

By Anita Bernstein

12 minute read

January 28, 2016 | New Jersey Law Journal

A conversation between a family attorney and an insurance attorney, highlighting some of the most recurring questions when drafting a property settlement agreement.

By Thomas Novak and Jan L. Bernstein

8 minute read

January 13, 2016 | New York Law Journal

In their Hospitality Litigation column, Todd Soloway and Joshua Bernstein examine the course that hotel owners and operators may chart in determining which, if any, alternative dispute resolution clause will apply to the parties' dispute.

By Todd E. Soloway and Joshua D. Bernstein

11 minute read