In The News

Announcements

The Litigators Club, founded by our counsel Andrew Berger more than 25 years ago, is pleased to announce that Judges Jed S. Rakoff of the United States District Court for the Southern District of New York and Judge Robert A. Katzmann of the United States Court of Appeals for the 2d Circuit will be our guests at the firm in 2010. Judge Rakoff will speak at the firm on February 23; and the firm will host Judge Katzmann on April 5. Each will speak about litigation practice in the federal courts.

We are proud to acknowledge that our partner  Michael G. Tannenbaum has been listed once again in the International Who’s Who of Business Lawyers in the Private Funds category for 2010.

We are delighted that nine of our lawyers – nearly one-third of our partners – were selected for inclusion in New York Super Lawyers 2009 published by Law & Politics in October 2009, after a multi-step selection process that included a survey of lawyers in practice at least five years and a blue ribbon review panel of leading attorneys. The lawyers who were selected are: Kenneth M. Block, Construction Chair of our Real Estate, Environmental and Construction Law Group;  Brian A. Haskel of our Corporate Group; Robert E. Helpern, Real Estate Chair of our Real Estate, Environmental and Construction Law Group;  Andre R. Jaglom, Co-Chair of our Franchising, Distribution and E-Commerce Group; Joel A. Klarreich, Chair of our Corporate, Staffing Industry and Employment Law Groups and Co -Chair of the Franchising, Distribution and E-Commerce Group;  Paul D. Sarkozi and Jamie B.W. Stecher, both of our Litigation and Dispute Resolution Group; Vincent J. Syracuse, Chair of our Litigation and Dispute Resolution Group; and Michael G. Tannenbaum, Chair of our Financial Services, Hedge Funds and Capital Markets Group.

The Summer 2009 Issue of the New York State Bar Association Commercial and Federal Litigation Section Newsletter, the first issue under the tenure of Vincent J. Syracuse as Section Chair, has recently been published. The issue contains a message from Vince as the incoming Section Chair, an article welcoming Paul D. Sarkozi as Treasurer of the Section (Paul also is Chair of the Section’s Committee on the Commercial Division), an article on the Section's third annual "Smooth Moves" diversity program, which our firm sponsors, and an article on the Section's annual Spring meeting in Cooperstown, New York, which Vince organized and which included a track for young lawyers organized by Paul and a panel on "Sports Law and Lore" moderated by Jamie B.W. Stecher (who also managed the Federals team in the Section's softball game). The newsletter is reprinted with permission from: Commercial and Federal Litigation Newsletter, Summer 2009, Vol. 15, No.2, published by the New York State Bar Association, One Elk Street, Albany, NY 12207.

Andrew Berger and L. Donald Prutzman are representing photographer Sherry Mills in her A Closer NY™ campaign. A Closer NY™ is a series of close-up photographs of New York City intended for large-scale display on local walls and billboards. All of the photographs are close-up snapshots of objects depicted as they exist on the byways and buildings of New York.  As Ms. Mills states, “by taking what is right in front of us on a small scale, and blowing it up on a massive scale, a newfound observation of our surroundings becomes inescapable.”

Ms. Mills, partnering with Clear Channel Outdoor, will display these photographs on three NYC billboards and over 75 Taxi Tops between May and October 2009. A photo of one of the billboards that had been on display at 30th and 9th Avenues in Manhattan through June 30 appears below. For more information, please see Ms. Mills’ website at www.ACLOSERNY.com .

Andrew Berger was recently named co-chair of the Copyright Subcommittee of the Intellectual Property Litigation Committee of the American Bar Association Section of Litigation.

Tannenbaum Helpern has formed the Hedge Fund Litigation and Dispute Resolution Group to address the needs of clients requiring relevant and integrated services in this area. The Group,  comprised of attorneys from several of our practice areas, including Litigation, Financial Services and Tax, work together sharing and integrating experiences from their fields of practice to deliver advice that is to the point, reflects sound business judgment and is “up the learning curve”  in many cases.  For more information, please see our announcement of the Group's formation or contact  the partner with whom you work at the firm.

Michael G. Tannenbaum has authored an article “Hedge Fund Regulatory Outlook for 2009,” published by The Hedge Fund Journal, February 2009.  The author reviews various regulatory alternatives that might be imposed on investment advisers and on hedge funds and possible implications of such new rules. 

In response to the crisis in the real estate capital markets, Tannenbaum Helpern has formed the Real Estate Restructuring Group. The Restructuring Group is comprised of attorneys from several of our practice areas, including Real Estate, Environmental and Construction Law, Creditors’ Rights and Business Reorganization, Tax, Financial Services, and Litigation, and is chaired by Eric S. Schoenfeld , a partner in the Real Estate, Environmental and Construction Law Department. For more information, please see our announcement of the Restructuring Group's formation.

We are proud to announce that two of our partners were elected in January to leadership positions in major Sections of the New York State Bar Association. Vincent J. Syracuse has been elected Chair of the Association's 2500 lawyer Commercial and Federal Litigation Section for the 2009-2010 year. His term begins on June 1, 2009. He will continue to serve as the Chair-Elect of the Section until then. Andre R. Jaglom was elected First Vice Chair of the Association's 2000 lawyer International Section for the 2009 year. He continues to serve as Co-Chair of the Section's International Distribution, Sales and Marketing Committee.

We are happy to announce that the firm is a primary sponsor of a series of art-related panels being presented during Art Basel Miami Beach, the most important art exhibition in the United States, at the Center for Visual Communication in the Wynwood Arts District of Miami, Florida.  Brian A. Haskel and Enrique E. Liberman will chair a panel entitled “Art Investment Vehicles – An Asset Based Investment for the 21st Century,” which will focus on issues, considerations and recent trends in forming and managing an art fund. 

We are also pleased to be the Gold Sponsor of “ China Gold, 2008”, a curated Chinese contemporary art exhibition taking place during Art Basel Miami Beach.  The exhibition will be held from December 4th through December 7th at the Murano Portofino in Miami Beach, Florida and is curated by Infinity 8 Art Management and Witan Walczak Advisors.  The exhibit will feature works by prominent Chinese contemporary artists including Cui Xiuwen, Fang Lijun, Hai Bo, Liu Ye, Luo Brothers, Tang Zhigang, Wang Guangyi, Wang Keping, Wang Qingsong, Weng Fen, Yue Minjun, Zeng Fanzhi, Zhang Dali and Zhang Huan.

Ten Tannenbaum Helpern Attorneys Named “New York SuperLawyers”

We are pleased that ten of our lawyers – nearly one-third of our partners – were selected for inclusion in New York Super Lawyers 2008 published by Law & Politics in September 2008, after a multi-step selection process that included a survey of lawyers in practice at least five years and a blue ribbon review panel of leading attorneys. A tenth lawyer selected for inclusion joined our firm after publication. The lawyers who were selected are: Kenneth M. Block , Construction Chair of our Real Estate, Environmental and Construction Law Group; Brian A. Haskel of our Corporate Group; Robert E. Helpern , Real Estate Chair of our Real Estate, Environmental and Construction Law Group; Joel Hirschtritt , our Managing Partner and Chair of our Personal Representation Group; Andre R. Jaglom , Co-Chair of our Franchising, Distribution and E-Commerce Group;  Joel A. Klarreich , Chair of our Corporate, Staffing Industry and Employment Law Groups and Co -Chair of the Franchising, Distribution and E-Commerce Group; Jamie B.W. Stecher of our Litigation and Dispute Resolution Group;  Vincent J. Syracuse , Chair of our Litigation and Dispute Resolution Group; Michael G. Tannenbaum, Chair of our Financial Services, Private Funds and Capital Markets Group; and the newest partner in our Litigation and Dispute Resolution Group, Paul D. Sarkozi.

Andrew Berger was elected by the Cornell University Board of Trustees to a four-year term on the Cornell University Council. The Council facilitates the exchange of information between the University and its members, mobilizes alumni in efforts that benefit the University and provides the University with a source of expertise.

Andre R. Jaglom was recently elected as a member of the national Board of Directors and Secretary of the American Institute of Wine & Food. The AIWF was founded by Julia Child and Robert Mondavi in 1981 to enhance the quality of food and drink in the United States and is one of the leading food and beverage educational organizations in the country.

Hilary Semel was elected Chair of the Board of Directors for Sustainable South Bronx. Sustainable South Bronx (SSB), founded in 2001 by Majora Carter, is a community organization dedicated to the implementation of sustainable development projects for the South Bronx that are informed by the needs of the community and the values of Environmental Justice. SSB was conceived to serve as a dedicated mechanism that could thoroughly address and implement policy and planning issues in such areas as land use, energy, transportation, water, waste, and sustainable development in the South Bronx by working to implement the community's visions for sustainable community development. Its programs are designed to provide tangible projects and/or advocacy for policy decisions that advance the environmental, social and economic rebirth of the South Bronx. In 2005, Ms. Carter won the MacArthur Fellows Award for her efforts in making the South Bronx an environmentally sustainable community.

Upcoming Speaking Engagements

Andrew Berger will be speaking about statutory damages in copyright litigation at the  Advanced Seminar on Copyright Law sponsored by PLI in New York City on April 30, 2010.

On March 1, 2010,  Michael G. Tannenbaum is scheduled to moderate an industry panel at the GAIM Ops conference at the Ritz Carlton Hotel, Grand Cayman, with regard to current trends in the area of fee structures. lock ups, gates and other liquidity factors that are being negotiated by investors and managers.

In March 2010,  Michael G. Tannenbaum will moderate a panel discussion at the 11th Annual Private Investment Funds Conference of the International Bar Association in London, England, regarding trends and new developments in connection with utilizing managed investment accounts instead of comingled investment vehicles to manage assets.

Andrew Berger will be speaking at 2009 National Conference of the Appraisers Association of America to be held at the New York Athletic Club on Sunday November 8. His topic will be “Hey, That Looks Like Mine: When is Appropriation Art Infringing.”

Paul D. Sarkozi will speak on a panel at the Practising Law Institute New York Center on July 29, 2009 at 3 pm.  The program, entitled "This Really Happened: A Review of Real World Ethical Issues," will feature examples of ethical issues actually confronted by practicing attorneys.  Topics include a lawyer's liability for misconduct of local counsel and the degree to which attorneys may have investigators engage in deceptive conduct to zealously represent clients. [Program]

Scott E. Furman, Andre R. Jaglom and L. Donald Prutzman will chair panels at the Fall Meeting of the International Section of the New York State Bar Association in Singapore, October 26-29, 2009 at the Swisshotel: The Stamford. Scott's panel will cover "Environmental Law and Energy Issues: Understanding the Role of Subsidies in the Burgeoning Renewable Energy Market." Drew's panel will be on "Best Practices in International Distribution Contract Drafting: A Guide to Key Contract Provisions Viewed from New York, Asia and Europe." Donald will chair a program entitled "Are You Exhausted Yet?  How Differences in Intellectual Property Exhaustion Rules Affect International Transactions." In addition, Drew will participate in another panel on "Managing a Law Firm in the Current Economic Environment." The Firm is a Gold Sponsor of the conference.

Andre R. Jaglom will chair his annual program on Product Distribution and Marketing in Chicago June 2-4, 2010. The program covers all aspects of distribution and marketing law, from antitrust and franchise law to intellectual property and international distribution, and addresses practical issues such as drafting distribution contracts and negotiating and litigating distribution disputes. This year's program will address continuing developments following the Supreme Court's landmark 2007 decision in the Leegin case, which overturned the century- old per se rule against resale price maintenance. In addition to planning and chairing the entire program, Drew will speak on the subjects of e-commerce and Internet distribution, drafting distribution contracts, business franchise laws and legal compliance, and will participate on panels addressing acquisitions in the distribution context, distribution disputes, and ethical issues that arise in distribution practice. Last year’s program description is available at [Link}.

If you would like additional information regarding any of the events listed above, please contact us by E-mail or by telephone at (212) 508-6700.

Recent Speaking Engagements

In December 2009, Andrew W. Singer and Stacey A. Usiak recorded an on-line CLE presentation " Essentials of Wage and Hour Laws & the Independent Contractor Relationship" available on www.lawline.com.

Kenneth M. Block spoke on December 3, 2009 at a program presented by The Steven L. Newman Real Estate Institute, Baruch College and The Sallan Foundation entitled “Legally Green: What You Need to Know about Your Property and the Greener, Greater Buildings Plan.”

Andrew W. Singer spoke on “Essentials of Wage and Hour Laws and the Independent Contractor Relationship” on October 29, 2009 at The TemPositions Group of Companies HR Roundtable seminar in New York City.

Judge Thomas Griesa of the United States District Court for the Southern District of New York was our guest at the firm for a breakfast discussion about litigation practice in the federal courts on October 19, 2009. He addressed members of the Litigators Club, a group founded more than twenty-five years ago by our counsel Andrew Berger.

On October 14, 2009, the firm co-sponsored an evening seminar with BNP Paribas on “A New European Landscape: Exploring How US Fund Managers Will Adapt to Proposed EU Fund Directors.  Michael G. Tannenbaum spoke at the program.

David A. Pellegrino spoke on "Foreclosures in Federal Court" at the National Business Institute seminar on "Real Property Foreclosure: A Step-by-Step Workshop" on July 21, 2009 in Melville, New York. [Brochure]

Andre R. Jaglom spoke on a panel on legal issues raised by beer industry consolidation at the Beer Marketers Insights Consolidation Conference III at the Four Seasons Hotel in Chicago, May 3-4, 2009 [Link]

Vincent J. Syracuse was the Program Chair of the Spring Meeting of the New York State Bar Association's Commercial and Litigation Section which took place at The Otseaga in Cooperstown, N.Y. on May 1-3, 2009. The meeting featured over 35 speakers in eight Continuing Legal Education programs designed for lawyers at all levels of practice and will cover a range of litigation topics. Jamie B.W. Stecher chaired a segment entitled "Sports Law and Lore." One of the highlights of the weekend was the presentation of the Section's Robert L. Haig Award for Distinguished Public Service by Chief Judge Jonathan Lippman to former Chief Judge Judith S. Kaye at the Saturday evening Gala.

Michael G. Tannenbaum spoke at the 20th Annual Conference on the Globalisation of Investment Funds, His panel, entitled “Weathering the Storm: Current Issues for Hedge Funds” , examined issues such as new liquidity terms, transparency, fraud avoidance mechanisms and due diligence issues, among others.  The conference was sponsored by the International Bar Association (IBA) and the National Investment Company Service Association (NICSA). www.ibanet.org. [Program]-->

Roger M. Roisman spoke at City Bar Center for CLE program entitled “Back to Basics: Real Estate Valuation Principles for the Legal Professional on June 1, 2009 at the New York City Bar Association. [Flyer]

Andrew W. Singer spoke on "The Implications of the 2009 ADA Amendment" at The Annual Carol Giuliani Conference on Disability Awareness in Amityville, New York on May 6, 2009. [Program]

L. Donald Prutzman spoke on “Intellectual Property Protection: The Berne and Madrid Conventions” at the First Annual “Fundamentals of International Practice” program organized by the International Section and the Committee on Continuing Legal Education of the New York State Bar Association on April 30, 2009 at the Yale Club in New York City. [Program].

Kenneth M. Block chaired a conference on “Constructing the Economic Recovery: Business Opportunities for the Real Estate and Construction Industries” and Scott E. Furman spoke on “Renewable Energy for the 21st Century” on April 21, 2009 at the New York Sheraton Hotel. The conference is presented by the Greater New York Construction User Council and the Building Trades Employers’ Association and is co-sponsored by Tannenbaum Helpern. [Program]

Michael G. Tannenbaum spoke at the global GAIMOps conference in Grand Cayman on April 26-29, 2009.  The conference focuses on operational due diligence, risk management and compliance issues facing the private funds industry.   Michael’s panel, “Redefining Third Party Relationships, Effective Use of Prime Brokers, Administrators, Auditors and other Service Providers,” examined the evolving role of such service providers in dealing with issues such as verification of valuations, risk management models and identifying the optimal relationship that a manager should have with its service providers.  For more information, see www.gaimopscayman.com. [Brochure]

Vincent J. Syracuse planned the chair for the New York State Bar Association's highly successful CLE  program which was presented for the 10th time this spring in New York City, Rochester, Albany, Buffalo and Melville. The program this year was entitled "Introductory Lessons on Ethics and Civility: 10th Anniversary Program." Vince also chaired the New York City venue April 17, 2009.

Andre R. Jaglom spoke on a panel on beer industry legal issues at the annual Beer Business Daily Beer Industry Summit at the Four Seasons Hotel in Austin Texas, March 1-2, 2009. [Link]

Andre R. Jaglom chaired his annual program on Product Distribution and Marketing, in Charleston, South Carolina March 18-20, 2009. The program covers all aspects of distribution and marketing law, from antitrust and franchise law to intellectual property and international distribution, and addresses practical issues such as drafting distribution contracts and negotiating and litigating distribution disputes. This year's program addressed developments following the Supreme Court's landmark 2007 decision in the Leegin case, which overturned the century- old per se rule against resale price maintenance. In addition to planning and chairing the entire program, Drew spoke on the subjects of e-commerce and Internet distribution, drafting distribution contracts, business franchise laws and legal compliance, and participated on panels addressing acquisitions in the distribution context, distribution disputes, and ethical issues that arise in distribution practice. Last year’s program description is available at http://www.ali-aba.org/cn019.

Michael Tannenbaum moderated a Hedge Fund Roundtable convened by Horizon Cash Management LLC. A report on the discussion appears in the Winter 2008 issue of FOCUS , the Newsletter of Horizon Cash Management LLC.

Brian A. Haskel and Enrique E. Liberman chaired a panel during Art Basel Miami Beach, the most important art exhibition in the United States, at the Center for Visual Communication in the Wynwood Arts District of Miami, Florida on December 5, 2008.  The panel, entitled “Art Investment Vehicles – An Asset Based Investment for the 21st Century,” focused on issues, considerations and recent trends in forming and managing an art fund.  The panel was one of three speaking events sponsored by Tannenbaum Helpern Syracuse & Hirschtritt LLP along with Art & Antiques Magazine during Art Basel Miami Beach.

Vincent J. Syracuse represented the Committee on the Commercial Division of the Commercial and Federal Litigation Section of the New York State Bar Association on a panel program entitled “Conversations on Commercial Litigation with Justices of the New York State Supreme Court Commercial Division, Westchester County on Tuesday, November 25, 2008 in White Plains, New York. [ Program ]

Andrew Berger and L. Donald Prutzman spoke on “Copyright and Trademark Basics:
What Lawyers Need to Know to Protect Clients In An Internet Age” on Thursday, October 23, 2008 at a CLE Seminar in New York City sponsored by Hudson Valley Bank and CUNY Law School. [ Flyer ] [ Berger Outline ] and [ Prutzman Outline ]

Andre R. Jaglom and Donald Prutzman each chaired a panel at the Fall Meeting of the International Law and Practice Section of the New York State Bar Association at the Grand Hotel in Stockholm, Sweden, September 17-20, 2008. Donald’s panel covered “Advertising Standards: Global Harmony or Dissonance?” Drew’s panel addressed "International Distribution Arrangements: Different Channels, Different  Countries."

Andre R. Jaglom spoke on “Dealer Termination in International Markets” at the Center for International Legal Studies program on Lawyering in the international Market held in Pilanesberg, South Africa May 14-18, 2008.

Ralph Siciliano gave an audio conference presentation to accounting professionals, sponsored by Professional Business Publications on the topic of "Demystifying Hedge Funds: What To Do When Your Hedge Fund is in Trouble" on May 1, 2008.

Andre R. Jaglom chaired his annual program on Product Distribution and Marketing, at the Scottsdale Plaza Resort in Scottsdale, Arizona March 6-8, 2008. The program covers all aspects of distribution and marketing law, from antitrust and franchise law to intellectual property and international distribution, and addresses practical issues such as drafting distribution contracts and negotiating and litigating distribution disputes. This year's program will address the implications of the Supreme Court's landmark decision in the Leegin case, which overturned the century- old per se rule against resale price maintenance. In addition to planning and chairing the entire program, Drew will speak on the subjects of e-commerce and Internet distribution, drafting distribution contracts, business franchise laws and legal compliance, and will participate on panels addressing acquisitions in the distribution context, distribution disputes, and ethical issues that arise in distribution practice. A full program description and online registration are available at http://www.ali-aba.org/cn019.

Andrew Berger will moderate a program on June 9 during reunion at Cornell Law School in Ithaca New York. The program, entitled the Paths We Have Taken, will highlight the careers of three Cornell law school graduates, Paul Lee, Esq. Judge Paul A. Crotty and Jeff Boyd. Paul Lee is a partner in the Boston law firm of Goodwin Procter and will talk about how he has combined a corporate law practice with pro bono work to the Boston Asian community. Judge Crotty is a federal district judge in the Southern District and will speak about his experiences as New York’s City Corporation Counsel under Mayor Giuliani and later as Group President at Verizon. Jeff Boyd, the Chief Executive Officer of Priceline.com and its former general counsel, will talk about the challenges of running a public internet company. Andrew Berger, who organized the program, is the President of the Cornell Law Association, the organization representing its 9,000 alumni.


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Andrew W. Singer conducted a two hour continuing legal education seminar sponsored by Hudson Valley Bank on Sexual Harassment Prevention in the Workplace on Wednesday, March 5, 2008 in New York City. [Flyer]

Kenneth M. Block spoke at the International Council of Shopping Centers Law Conference in San Diego on January 9, 2008 on the topic "The Greening of Retail".

Andrew W. Singer will speak at a seminar for CFO’s, COO’s and CCO’s in the Hedge Fund Community entitled “Operational Risk Management: How to Protect your Enterprise, Directors & Officers.”  The seminar is offered by Herbert L. Jamison., L.L.C., to be held at the Harvard Club in New York City on December 6, 2007

Andrew W. Singer spoke before the Network of Allied Professionals, Inc. on April 5, 2007 on the topics of Discrimination in the Workplace, Protection of Proprietary Information and Overtime Requirements.

Andrew Berger spoke at the annual meeting of the Association of Medical Illustrators which was held on July 26-27, 2007 in Bozeman, Montana. During his two sessions he spoke about the steps illustrators need to take to protect themselves from copyright infringement and the kinds of contracts they should be using. Andrew had spoken about similar topics at the annual meeting of this Association in Thousand Oaks, California in 2005.

Vincent J. Syracuse spoke on February 8, 2007 at the Supreme Court, Civil Branch, NYC Bench Bar Forum program on "How the New Uniform Rules Work in Practice." [ Program]

Andrew Berger will moderate an American Bar Association teleconference and live audio webcast on "Copyright Basics: What Litigators Need to Know to Protect Clients in the Internet Age" [ Program ] [ Registration ]


Vincent J. Syracuse will be chairing the Eighth Edition of the New York State Bar Association's Continuing Legal Education program on ethics and civility entitled "Introductory Lessons on Ethics and Civility in Every Day Lawyering" on April 20, 2007. This is one of the NYSBA's most successful CLE programs and usually attracts a capacity audience. Vince is the state-wide planning chair. Jamie Stecher will also participate in the New York City program. The program will also be presented in Albany, Long Island and Buffalo and Rochester. [ Program ]

Michael G. Tannenbaum will speak to The Boston Security Analysts Society on the "Current State of SEC Regulation with Regard to Hedge Funds" on Wednesday, May 2, 2007.


Andrew Berger will speak on "Rights of Photographers and Visual Artists" at the Practicing Law Institute's Advanced Seminar on Copyright Law 2007 in New York City on May 14, 2007. The program will be simultaneously webcast and can be viewed in Boston as well. [ Brochure ]


Andre R. Jaglom spoke at the American Conference Institute's Executive Legal Summit on Alcoholic Beverage Marketing and Distribution in Miami on February 7, in a panel presentation entitled "Evaluating the Effects of Industry-Wide Consolidation." [ Brochure]   [ Program]


Michael G. Tannenbaum spoke on hedge fund industry regulation at the GAIM USA Conference in January 2007 in Boca Raton, Florida. The firm was a “Gold Sponsor” of the event.

Donald Prutzman taught a session on International Trademark Treaties at a June 11, 2006 seminar on International Trademark Law for Paralegals. [ Brochure ]
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Other News

Andre R. Jaglom was quoted as an "industry expert" in a November 25, 2007 Denver Post article on the implications for beer distributors of the proposed Miller Coors joint venture.


Andre R. Jaglom was quoted in the July 1, 2007 issue of Beer Business Daily and the July 3, 2007 issue of INSIGHTS Express (published by Beer Marketers Insights) on the implications for the beer industry of the U.S. Supreme Court's Leegin decision overturning the century-old per se rule against resale price maintenance.

Donald Prutzman was quoted in this June 21, 2007 article in the Atlanta Daily Journal regarding a copyright decision by the United States Court of Appeals for the 11th Circuit addressing the rights of freelance photographers in connection with the National Geographic publication of a CD-ROM containing its entire magazine library.

Joel A. Klarreich was quoted in a January 18, 2007 article on smoking and employment in the Long Island Press , regarding the impermissibility of discriminating against those who smoke away from the job site unless the employer can show that smoking adversely affects job performance of the safety of other employees.