Author Archive:
Norman W. Bernstein
Environmental Law in New YorkNorman W. Bernstein
silverNorman is a silver memberPartner, N.W.Bernstein & Associates, LLC
Judith Bernstein publishes her first Novela
Read more: Judith Bernstein publishes her first NovelaJust a “heads up” – my precocious daughter S. Judith Bernstein this month published her first Novela “In Shadowed Dreams”. Its available through Barnes & Noble and Amazon both in hard copy and e-book format and has received several rave reviews. In a bookstore it would be found in the young adult section (primarily intended…
The Effect of COVID-19 on EPA’s Enforcement Policies
Read more: The Effect of COVID-19 on EPA’s Enforcement PoliciesOn March 26, 2020, the U.S. Environmental Protection Agency released a new temporary policy for some violations that occur as a result of the COVID-19 pandemic. It will exercise enforcement discretion (i.e., it may waive applicable penalties) for a limited group of acts or omissions that occur beginning on and after March 13, 2020. …
Supreme Court Rules That Adjacent Landowners Can Sue So Long As They Don’t Interfere With an EPA Approved CERCLA Remedy
Read more: Supreme Court Rules That Adjacent Landowners Can Sue So Long As They Don’t Interfere With an EPA Approved CERCLA RemedyIn Atlantic Richfield Co. v. Christian et al., Slip Op. No.17-1498, April 20, 2020, landowners sued Atlantic Richfield in State Court alleging nuisance, trespass and strict liability under Montana law, and among other things, sought restoration damages. Their restoration plan went beyond what EPA required to protect human health and the environment. The Court held that…
A Fundamental Change In U.S. Law Is Underway (Part II)
Read more: A Fundamental Change In U.S. Law Is Underway (Part II)Two years ago, we cautioned that regulatory law in the United States was beginning to undergo a fundamental change. See article attached. Which major law firm in the United States issued such a warning? The second shoe began its descent last week. In an obscure case about whether to affirm a lower court ruling about…
Smashing the bankruptcy shield – N.W. Bernstein & Associates, LLC
Read more: Smashing the bankruptcy shield – N.W. Bernstein & Associates, LLCSmashing the bankruptcy shield – N.W. Bernstein & Associates, LLC on Friday of last week, on behalf of its clients the White Plains Housing Authority, accomplished what few lawyers accomplish in lifetime. We broke the bankruptcy shield that normally protects a bankrupt from ongoing litigation. Our client’s case for an injunction (awarded on summary judgement…
M&A Tiger Alliance Strengthened
Read more: M&A Tiger Alliance StrengthenedThe M&A Tiger Alliance is pleased to announce that Laurel Bellows, former President of the American Bar Association and founding member of the Bellows Law Group, P.C., has joined the alliance. Her practice focuses on executive compensation, retention, and management buy-outs and other employment-related work. The Tiger Alliance brings together senior members of seven U.S.…
U.S Supreme Court Rules That Adjacent Landowners Can Sue So Long As They Don’t Interfere With an EPA Approved CERCLA Remedy
Read more: U.S Supreme Court Rules That Adjacent Landowners Can Sue So Long As They Don’t Interfere With an EPA Approved CERCLA RemedyIn Atlantic Richfield Co. v. Christian et al., Slip Op. No.17-1498, April 20, 2020, landowners sued Atlantic Richfield in State Court alleging nuisance, trespass and strict liability under Montana law, and among other things, sought restoration damages. Their restoration plan went beyond what EPA required to protect human health and the environment. The Court held…
EPA Adjusts Some Enforcement Because of the COVID-pandemic
Read more: EPA Adjusts Some Enforcement Because of the COVID-pandemicOn March 26, 2020, the U.S. Environmental Protection Agency released a new temporary policy for some violations that occur as a result of the COVID-19 pandemic. It will exercise enforcement discretion (i.e., it may waive applicable penalties) for a limited group of acts or omissions that occur beginning on and after March 13, 2020. To…
Spiffy New Website
Read more: Spiffy New WebsiteN.W. Bernstein LLC’s new website features easy connectability, an updated News and Articles section to educate about legal and regulatory changes, and a new Referrals tab to make it easy for other law firms to obtain support from our firm as needed. In our new Practice Areas tab, we don’t just talk about our firm,…
Fundamental Changes In U.S. Law Are Continuing
Read more: Fundamental Changes In U.S. Law Are ContinuingIf your client’s property is (or may be) taken by a state agency under eminent domain laws, you might want to take a few minutes to read the below. In July 2019, we wrote that “[b]oth foreign and United States lawyers need to understand that the relationship between the federal courts and federal regulatory agencies…
International Deal Making – Assisting Acquirers
Read more: International Deal Making – Assisting AcquirersQUESTION ONE – In your experience, what are the key considerations that international clients should have the front of mind when assessing a target company for acquisition in your jurisdiction? An acquirer needs to know the legal and physical context of the business, not simply its current and projected economic conditions. In the US, businesses are subject to both…
Norman Bernstein speaks at recent General Counsel Conference in New York
Read more: Norman Bernstein speaks at recent General Counsel Conference in New YorkNorman Bernstein of N.W. Bernstein was a guest speaker at the recent General Counsel Conference in New York, NY, September 25-26. His spoke on the following topic: Recent Supreme Court Decisions that will Likely Broaden Judicial Review. He answers questions such as Should courts continue to defer to a federal agency’s interpretation of its own…