by Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Appointing a Chapter 11 trustee is certainly not a panacea, according to author Robert Bernstein. But is certainly can be a helpful tool in reorganizing a troubled business. In his article, Bernstein explores some of the strategy considerations involved with such an appointment. He also looks at the […]
Once frustrated by the bankruptcy code, landlords now are finding several forms of recourse. by Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. The United States Bankruptcy Code—once a landlord’s worst enemy—now is showing signs of becoming a property owner’s friend. Although the code is not perfect and may be interpreted and imposed differently throughout the country, […]
*This article previously appeared in the July/August/September 2013 issue of Commercial Law World, the official publication of the Commercial Law League of America. By: Robert S. Bernstein, Esq. It happens to all of us during our careers. We are acting on behalf of a client, either with explicit direction or with intent to represent the […]
By Robert S. Bernstein, Esq. *This article previously appeared in the April/May/June 2013 issue of Commercial Law World, the official publication of the Commercial Law League of America. This is a subject near and dear to our hearts: Fees! In most states, a contingent fee case has some special rules that surround it, e.g. requiring […]
by Robert S. Bernstein, Esq. *This article previously appeared in the January/February/March 2013 issue of Commercial Law World, the official publication of the Commercial Law League of America. Most articles on Ethics and Professionalism tend to be about the former (where there are enforceable rules) as opposed to the latter (which is often a matter […]
by Robert S. Bernstein, Esq. *This article previously appeared in the November/December 2012 issue of Commercial Law World, the official publication of the Commercial Law League of America. Even the most proficient emailer has clicked “send” just as she realized that the email included an unintended recipient. Many of us have emailed without noticing that […]
by Robert S. Bernstein, Esq. *This article previously appeared in the September/October 2012 issue of Commercial Law World, the official publication of the Commercial Law League of America. We’ve looked at the local counsel issue from the Local and Lead Counsel perspective in the first two installments. To complete the cycle, let’s put ourselves in […]
by Robert S. Bernstein, Esq. *This article previously appeared in the July/August 2012 issue of Commercial Law World, the official publication of the Commercial Law League of America. Last time we raised questions about whether the client has to give informed consent, whether the local is really entering an appearance and whether local has to […]
by Robert S. Bernstein, Esq. *This article previously appeared in the May/June 2012 issue of Commercial Law World, the official publication of the Commercial Law League of America. Local Counsel can mean many things, just as “Of Counsel” has no single definition. Sometimes, when managing a case in a distant or foreign jurisdiction, client’s chosen […]
by Robert S. Bernstein, Esq. *This article previously appeared in the March/April 2012 issue of Commercial Law World, the official publication of the Commercial Law League of America. True story: A lawyer represented a bank in filing lawsuits on consumer accounts, charging a flat fee of $300 plus costs per suit. When the client sent […]
by Robert S. Bernstein, Esq. *This article previously appeared in the January/February 2012 issue of Commercial Law World, the official publication of the Commercial Law League of America. I had the pleasure of conducting an ethics discussion with about 100 League members during the Friday of the New York meeting in November. The circumstances were […]
By Robert S. Bernstein, Esq. In 1977, the U.S. Supreme Court decided Bates v. State Bar of Arizona, and granted lawyers the right to advertise, subject to the states’ rights to prevent “false, deceptive, or misleading” advertising by lawyers; to regulate the manner in which lawyers may solicit business in person; to require warnings and disclaimers […]