Bernstein was represented by Samuel Untermyer. The suit languished because Bernstein and his representatives were never able to serve Ford with a subpoena; Ford had many allies among the political and law enforcement officials of Michigan and elsewhere, as well as a large private security force. Bernstein and Untermeyer did, however, succeed in getting New York state officials to agree to impound any copies of "The Independent" that entered the state. The extent to which this was enforced is not clear.