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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.
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?