Bernstein

January 12, 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

December 30, 2015 | New Jersey Law Journal

In two recent published opinions raising novel employment issues, the Third Circuit adopted fact-sensitive, multi-factor inquiries rather than articulating more useful bright line tests.

By Robert H. Bernstein and Michael J. Slocum

8 minute read

December 30, 2015 | New Jersey Law Journal

In two recent published opinions raising novel employment issues, the Third Circuit adopted fact-sensitive, multi-factor inquiries rather than articulating more useful bright line tests.

By Robert H. Bernstein and Michael J. Slocum

8 minute read

December 30, 2015 | New York Law Journal

Anita Bernstein writes: Earning a living as a criminal defense lawyer takes guts. Attorneys are more likely than their civil-side peers to need added security, their work is often unpopular among laypersons, and extremely zealous advocates could cross the line into criminal liability themselves. In one respect, however, the criminal defense bar is cocooned in comparison to other private-sector practitioners. Its members enjoy almost total safety from legal malpractice.

By Anita Bernstein

12 minute read

December 29, 2015 | New York Law Journal

Anita Bernstein writes: Earning a living as a criminal defense lawyer takes guts. Attorneys are more likely than their civil-side peers to need added security, their work is often unpopular among laypersons, and extremely zealous advocates could cross the line into criminal liability themselves. In one respect, however, the criminal defense bar is cocooned in comparison to other private-sector practitioners. Its members enjoy almost total safety from legal malpractice.

By Anita Bernstein

12 minute read

December 24, 2015 | The Legal Intelligencer

There are more refugees in the world today than any time since World War II. The U.N. High Commissioner for Refugees (UNHCR) estimates that by the end of 2015 there will be 60 million displaced individuals; of these, approximately 20 million are outside their country of origin and others are internally displaced. Syria is the world's major refugee-producing country with 12 million refugees, over 4 million of whom have fled the country out of a population of 22 million. But some of the other refugee hotspots are not as visible—Colombia, where peace talks between the government and armed militias are occurring, still has 6.5 million internally displaced people. Other large refugee-producing countries include: Iraq (4.3 million); Pakistan (3.4 million); and the Democratic Republic of Congo (2 million). These staggering numbers mean that one out of 122 people in the world today have been displaced by ethnic cleansing, war and conflict.

By Judith Bernstein-Baker

9 minute read

December 24, 2015 | The Legal Intelligencer

There are more refugees in the world today than any time since World War II. The U.N. High Commissioner for Refugees (UNHCR) estimates that by the end of 2015 there will be 60 million displaced individuals; of these, approximately 20 million are outside their country of origin and others are internally displaced. Syria is the world's major refugee-producing country with 12 million refugees, over 4 million of whom have fled the country out of a population of 22 million. But some of the other refugee hotspots are not as visible—Colombia, where peace talks between the government and armed militias are occurring, still has 6.5 million internally displaced people. Other large refugee-producing countries include: Iraq (4.3 million); Pakistan (3.4 million); and the Democratic Republic of Congo (2 million). These staggering numbers mean that one out of 122 people in the world today have been displaced by ethnic cleansing, war and conflict.

By Judith Bernstein-Baker

9 minute read

December 16, 2015 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida write: In a case of first impression and a victory for "dancing babies" everywhere, the Ninth Circuit recently held in 'Lenz v. Universal Music Corp.' that in order to comply with the "notice and takedown" provisions of the Digital Millennium Copyright Act, the claimant must consider the issue of fair use before serving a notice of alleged infringement.

By Robert J. Bernstein and Robert W. Clarida

10 minute read

December 16, 2015 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida write: In a case of first impression and a victory for "dancing babies" everywhere, the Ninth Circuit recently held in 'Lenz v. Universal Music Corp.' that in order to comply with the "notice and takedown" provisions of the Digital Millennium Copyright Act, the claimant must consider the issue of fair use before serving a notice of alleged infringement.

By Robert J. Bernstein and Robert W. Clarida

10 minute read

December 02, 2015 | New York Law Journal

In light of Mariott's aquisition of Starwood Hotels, Todd E. Soloway and Joshua D. Bernstein explore the provisions of hotel management and license agreements which define the standards by which a hotel operator must run the owner's business, and they analyze an owner's rights and remedies when presented with issues of brand loyalty.

By Todd E. Soloway and Joshua D. Bernstein

12 minute read