New York Law Journal Featured Columnists October 24, 2008
By David Badertscher, PLL
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<p><a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRTDYQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVSS" target="_blank"><font size="2">Environmental Law</font></a><br/><font size="2">Friday, October 24, 2008<br/>By Stephen L. Kass and Jean M. McCarroll<br/><br/>"Stephen L. Kass and Jean M. McCarroll, partners at Carter Ledyard & Milburn, write that in the public debates regarding the U.S.-Colombia Trade Promotion Agreement, labor rights have received considerably more attention than environmental issues, but a possible mechanism for addressing the TPA's environmental enforcement shortcomings might contribute to a resolution of the current confrontation between free-trade advocates who favor the TPA and those who insist that respect for labor rights must be a condition to expanded free trade." </font></p><!--commentsListSize 0--><!-- October 24, 2008 -->
<p><a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRTDYQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVST" target="_blank"><font size="2">Entertainment Law</font></a><br/><font size="2">Friday, October 24, 2008<br/>By Michael I. Rudell and Neil J. Rosini<br/><br/>"Michael I. Rudell and Neil J. Rosini, partners in Franklin Weinrib Rudell & Vassallo, write that numerous details can be included in a first refusal clause, which often is heavily negotiated. Variables may include which party must transmit the offer to be matched; whether nonfinancial elements in an offer must be matched (for example, that a program will be broadcast in a particular time period; or that certain performers or production personnel must be attached); and whether the right pertains to every offer received in perpetuity."</font></p>
<p><font size="2">OUTSIDE COUNSEL:</font></p>
<p><a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRTDYQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVSC" target="_blank"><font size="2">Defending Against 'At-Issue' Privilege Waiver</font></a><br/><font size="2">Friday, October 24, 2008<br/>By Christopher G. Karagheuzoff and Deirdre Sheridan<br/><br/>"Christopher G. Karagheuzoff, a partner at Dorsey & Whitney, and Deirdre Sheridan, a senior associate at the firm, write that disputes concerning inadvertent waiver of the privilege through the unintentional disclosure of privileged information have exploded in the age of electronic discovery. The federal government incentivizes "cooperation" that entails waiver of the privilege by using such cooperation as a key factor in determining whether to indict or offer sentencing credits to it. The crime-fraud exception to the privilege, they note - particularly in the wake of recent corporate scandals - has been invoked with considerable and increasing frequency."</font></p>
<p><font size="2">THE BACK PAGE:</font></p>
<p><a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRTDYQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVTR" target="_blank"><font size="2">Touro's Public Advocacy Center Benefits Students, Community</font></a><br/><font size="2">Friday, October 24, 2008<br/>By Thomas Adcock<br/><br/>"The William Randolph Hearst Public Advocacy Center of Long Island, a warren of tiny offices on the Central Islip campus of Touro Law Center, was created for the likes of Maria T. DeGennaro. As a law student with familiarity with the questionable practices of her former line of work in the mortgage loan industry, Ms. DeGennaro was a natural fit for Long Island Housing Services, one of 16 public interest agencies housed on campus at the public advocacy center. The nonprofit agencies each pay $100 monthly for office, phone and Internet service - along with access to the Touro Law library and faculty, as well as proximity to state and federal courts adjacent to the campus. In return, the agencies pledge to use the passions of Touro Law students as legal support."</font></p>
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