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Joshua D. Bernstein

Partner 
666 Fifth Avenue
20th Floor
New York, NY 10103
 
Tel:
212.259.6452
Fax:
212.880.8965
 
 

Joshua Bernstein is an experienced litigator specializing in real estate, hospitality and international disputes, who is regularly called upon to solve his clients' most pressing legal issues. He works with real estate and hospitality investors, owners, and operators to protect their investments. Josh has obtained multimillion dollar judgments on behalf of his clients and many of his cases have had long-term legal and business implications, including shaping the law regarding the termination of hotel management, franchise, and operations contracts.

Josh's clients include hotel owners and operators, commercial property owners, lenders, developers, commercial and restaurant tenants, general contractors and subcontractors, and high-net-worth individuals.

With a national practice in federal and state courts, Josh litigates disputes in the wake of the acquisition and development of real property, the operation and management of hotels, complex real estate and hospitality financing, commercial leases, and construction. He also represents clients in arbitrations and mediations in the United States and internationally.
 
Representative Experience
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Hotel Owner: Represented the owner of the former St. Regis Hotel in Fort Lauderdale, in obtaining a $44 million award in New York Supreme Court in an action against a Starwood Hotels subsidiary concerning extensive delays caused by Starwood in the construction of the hotel and the operator's wrongful termination of the management contract.
 
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Professional Sports Team: Represent a professional sports franchise in connection with the assertion of professional errors and omissions claims against the architect and construction manager retained to build the franchise's new stadium.
 
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Eden Roc Hotel: Represent the owner of the Eden Roc hotel in Miami Beach in (i) asserting claims against Marriott International and its subsidiaries for mismanaging the hotel; and (ii) securing the vacatur of a preliminary injunction that had required the owner to permit the hotel management company to continue to manage all hotel operations against the owner’s will, by successfully arguing that injunction inappropriately compelled performance of a personal services contract.
 
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World Trade Center Litigation: Represented net lessees of the World Trade Center after 9/11 in a three-month trial and formal appraisal hearings concerning insurance coverage and the amount of the loss.
 
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Resort Owners: Represent 31 owners at The Abaco Club in multifaceted litigation against Marriott Vacations Worldwide (MVW) and Ritz Carlton regarding claims that the MVW and Ritz Carlton failed to adequately maintain the property and improperly permitted the termination of the Ritz Carlton management contract.
 
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Hotel Owner: Represented a hotel owner in securing his rights to enforce industry and contractual standards relating to the hotel's management and operation.
 
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Termination of Hotel Management Contracts: Represent the owner of the Mondrian Soho hotel in litigation in New York and Delaware in securing the hotel owner's right to terminate hotel management contracts.
 
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Arbitration Proceeding: Represented the developer of a luxury condominium building in arbitration proceedings relating to the project's defective construction.
 
Awards & Recognition
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The Burton Award for Legal Achievement, 2015
 
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Super Lawyers - New York Metro, 2013-2015, Listed in New York as a "Rising Star" for Real Estate
 
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Law360, 2013, Named a "Rising Star" in Real Estate
 
Published Works & Lectures
 
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New York Law Journal, Co-Author, "Co-Branding a Boutique Hotel and Restaurant With a Celebrity Chef," May 9, 2017
 
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New York Law Journal, Co-Author, "The Removal of Unwanted Managers of Real Estate LLCs," March 13, 2017
 
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New York Law Journal, Co-Author, "Hotel Management Agreements and Enforcement of Forum Selection Clauses," March 13, 2017
 
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New York Law Journal, Co-author, "Defending Against Revocation of §421-a Tax Benefits," December 21, 2016
 
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New York Law Journal, Co-Author, "Arbitration Provisions in Hotel Management Agreements," January 13, 2016
 
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New York Law Journal, Co-Author, "Using Self-Help to Remove Unwanted Hotel Management," August 19, 2015
 
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New York Law Journal, Co-Author, "Is Airbnb Workable in New York City," April 29, 2015
 
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New York Law Journal, Co-Author, "Indemnification Provisions in Hotel Management Agreements," January 14, 2015
 
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New York Law Journal, Co-Author, "Enforceability of Indefinite Terms in Real Estate Contracts," October 29, 2014
 
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New York Law Journal, Co-Author, "Protection of Hotel Guest Data and Personal Information," August 20, 2014
 
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New York Law Journal, Co-Author, "Ownership of Hotel Guest Data Upon New Management," April 30, 2014
 
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New York Law Journal, Co-Author, "The Enforceability of Letters of Intent," January 29, 2014
 
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New York Law Journal, Co-Author, "Branded Residences and the Hotel Owner's Rights of Termination," August 21, 2013
 
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New York Law Journal, Co-Author, "The Termination of Hotel Management Agreements: Part II," April 17, 2013
 
Professional Memberships & Activities
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New York City Bar Association
 
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American Bar Association, Real Estate Litigation Committee, Co-Chair; Mechanics Lien Subcommittee
 
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American Bar Association, Member; Forum on Construction Industry
 
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Law360, Member, Hospitality Law Advisory Board
 
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Co-Author, "Marriott/Starwood Merger Good for Brands, Not Owners," December 3, 2015
 



Joshua D. Bernstein

Practice
Litigation
Education
J.D., Brooklyn Law School, 2001; cum laude
B.A., Hofstra University, 1998
Bar Admissions
New York
 
 
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