Bernstein

December 01, 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

November 24, 2015 | New York Law Journal

Anita Bernstein writes: Today we take a look at the most important legal malpractice provision found in the Judiciary Law: Section 487. In principle—though, as we will see, not too often in practice—§487 provides for damages to persons who attribute financial loss to attorney misconduct.

By Anita Bernstein

9 minute read

November 23, 2015 | New York Law Journal

Anita Bernstein writes: Today we take a look at the most important legal malpractice provision found in the Judiciary Law: Section 487. In principle—though, as we will see, not too often in practice—§487 provides for damages to persons who attribute financial loss to attorney misconduct.

By Anita Bernstein

9 minute read

November 04, 2015 | New Jersey Law Journal

The N.J. Supreme Court's holding in Kaye is a powerful reminder that employers faced with deceitful employees are not without avenues of redress.

By Robert H. Bernstein, Mark D. Lurie and Michael J. Slocum

8 minute read

November 04, 2015 | New Jersey Law Journal

The N.J. Supreme Court's holding in Kaye is a powerful reminder that employers faced with deceitful employees are not without avenues of redress.

By Robert H. Bernstein, Mark D. Lurie and Michael J. Slocum

8 minute read

October 30, 2015 | New York Law Journal

Anita Bernstein writes: Any lawyer who chooses to go into New York matrimonial practice probably heard an advance warning or two about its pitfalls. Emotional clients, manipulative adversaries, intra-family pain, court procedures that look Byzantine from the outside, accusations and fee fights are among the drawbacks of this work that risk-averse counselors continue to mention to peers and the next generation.

By Anita Bernstein

9 minute read

October 29, 2015 | New York Law Journal

Anita Bernstein writes: Any lawyer who chooses to go into New York matrimonial practice probably heard an advance warning or two about its pitfalls. Emotional clients, manipulative adversaries, intra-family pain, court procedures that look Byzantine from the outside, accusations and fee fights are among the drawbacks of this work that risk-averse counselors continue to mention to peers and the next generation.

By Anita Bernstein

9 minute read

October 26, 2015 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida write: What emerges from the circuit's thorough review of fair use is the conclusion that the research uses enabled by Google Books serve copyright's ultimate goal to advance knowledge and learning, and are circumscribed so as to avoid market harm to plaintiffs. But equally important, the court emphasized that its analysis was based strictly on its detailed exposition of the facts of record.

By Robert J. Bernstein and Robert W. Clarida

14 minute read

October 25, 2015 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida write: What emerges from the circuit's thorough review of fair use is the conclusion that the research uses enabled by Google Books serve copyright's ultimate goal to advance knowledge and learning, and are circumscribed so as to avoid market harm to plaintiffs. But equally important, the court emphasized that its analysis was based strictly on its detailed exposition of the facts of record.

By Robert J. Bernstein and Robert W. Clarida

14 minute read

September 17, 2015 | The Legal Intelligencer

From President Obama's executive actions, to sanctuary cities, to the campaign trail for the 2016 presidential election, undocumented immigrants and immigration reform are a hot topic. Illegal immigration stories fill the media daily and abound around the water cooler. While this remains an important subject that requires prompt attention, undocumented immigrants are not the only group of immigrants that need assistance with a challenging system.

By Judith Bernstein-Baker and Valentine A. Brown

6 minute read