Joshua D Bernstein

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

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

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

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

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

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 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

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

August 19, 2015 | New York Law Journal

In their Real Estate Litigation column, Todd E. Soloway and Joshua D. Bernstein write: Though hotel managers typically argue otherwise, under New York law hotel owners are permitted to effectuate the removal of their managers by using self-help without the need for judicial intervention.

By Todd E. Soloway and Joshua D. Bernstein

13 minute read