Alvin K. Hellerstein
How Judge Hellerstein decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He reads the Copyright Act's fixation provisions functionally and is receptive to copyright claims over live-transmitted, simultaneously-recorded works: an invited earnings call recorded by its host is a protectable 'sound recording' (executives' analysis, structure, word choice, inflection supply the originality), and a surreptitious recorder who reposts it can be liable -- the prefixation-notice requirement of 411(c) does not save an infringer who accessed the work covertly and gave the owner no chance to serve notice.
“Because Swatch Group fixed the call in a tangible medium of expression simultaneously with its transmission, because Swatch Group’s sound recording was independently created, and because Swatch Group’s senior executives’ spoken-word contributions to the sound recording have the requisite creativity, Management Services has sufficiently pleaded a claim of copyright infringement.”
Procedural preferences
On contract-formation disputes he applies black-letter offer-and-acceptance rigorously: where the parties exchange dueling forms and never converge on a material term (here choice of law), no contract is formed and he will grant summary judgment dismissing the breach claim rather than imposing a deal the parties did not make -- a counterparty who conditions acceptance on its own substituted terms bears the risk that no contract results.
“For the reasons that follow, I hold that because the parties could not agree on a choice of law, they did not form a contract. I therefore grant Cedar’s motion for summary judgment dismissing the complaint, and I deny Hanwha’s cross-motion.”
Cautions
He will reach and decide hard merits questions even in emotionally fraught cases rather than dispose of them on a procedural off-ramp -- in the 9/11 'fines' case he proceeded to the merits despite grave standing doubts because the families 'deserve consideration, on the merits,' then dismissed because no cognizable property right exists in an undifferentiated mass of debris. Litigants should expect a candid merits ruling, and a plaintiff cannot count on sympathy substituting for a legally sufficient claim.
“I hold, with reluctance, for the suffering of the families thus affected by the events of September 11, 2001 is great, that plaintiffs are not able to state a legally sufficient claim for relief under the United States Constitution or under New York law. Consequently, defendants’ motion is granted, and the Complaint is dismissed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motion of defendant Bloomberg L.P. (‘Bloomberg’) to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) is hereby denied.”
“For the reasons that follow, Jewelex’s motion is granted.”
“I therefore grant Cedar’s motion for summary judgment dismissing the complaint, and I deny Hanwha’s cross-motion.”
“Consequently, defendants’ motion is granted, and the Complaint is dismissed.”
“For the reasons that follow, I grant American’s motion and limit the damages that Cantor Fitzgerald may claim.”
“ORDER AND OPINION DENYING PLAINTIFFS’ MOTION FOR RECONSIDERATION: FOIA EXEMPTION THREE APPLIES DESPITE CLAIMS THAT UNDERLYING INTELLIGENCE SOURCES OR METHODS VIOLATE THE CONSTITUTION OR STATUTES OF THE UNITED STATES”
Caseload & timing
From public federal docket records for this judge.
The visible docket slice is current and 2025-2026-heavy and reflects current assignments, not a tenure-wide caseload; durations are filed minus terminated.
Put Judge Hellerstein's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Hellerstein actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Hellerstein's own signed orders and cites them.