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Southern Wiretap Ruling May Affect New Yorkers
Because so many New York residents have strong ties to Florida and other southern states through second homes and relatives, New York family law attorneys should be aware that a recent decision in the U.S. Court of Appeals for the Eleventh Circuit has altered precedent concerning wiretap legality in Florida, Georgia and Alabama. The case, Glazner v. Glazner, No. 02-11799 (11th Cir. 10/16/03), involved an Alabama husband who, although he had filed for divorce, continued to live with his wife. Because he suspected her of having an affair, he put a recording device on the telephone in the family home. The wife discovered the device and later brought suit against her husband in federal court, claiming he violated her rights under the federal wiretap law by recording her telephone conversations without consent.
Until Glazner, the leading precedent on wiretapping of family telephones in Florida, Alabama and Georgia was Simpson v. Simpson, 490 F.2d 803. (Simpson did not apply to other states in the Eleventh Circuit because it was issued when Florida, Georgia and Alabama were still part of the Fifth Circuit, from which the Eleventh Circuit was formed in 1981. Fifth-Circuit decisions that predate creation of the Eleventh Circuit are binding on the Eleventh Circuit.) Simpson held that Congress, in enacting its 1968 anti-wiretap law, did not intend to prohibit family members from listening in to conversations on extension phones in the home, so absent promulgation of state law on the issue, such “eavesdropping,” was perfectly legal.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.