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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.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.