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Intrafamily Wiretapping in Custody Disputes
The sensational, celebrity-filled Anthony Pellicano wiretapping case in California has been grabbing headlines for weeks now. Pellicano, a private detective, is accused, along with several others, of illegally listening in on the private conversations of some of Hollywood's elite in order to gain an advantage for his clients in legal and other matters. Wiretapping issues have also found their way into family law matters.
Suppose you represent a mother in a custody matter. In the midst of the dispute, the mother, who has temporary custody, suspects, from conversations with her 6-year-old son, that the father is making obscene comments about her to their child, perhaps to alienate the child from her, or because the father has a psychological problem. In an effort to capture the improper comments, the mother programs a digital answering machine to intercept and record the father's conversations with the child. The recording clearly demonstrates that the father is indeed making outrageous, profane and even sexually explicit comments about the mother to the child. The mother then makes another recording of the conversation onto a cassette tape, and presents that tape to her attorneys. The mother wants her attorneys to turn over that tape to the court-appointed forensic psychologist, and wants him/her to offer it into evidence at the custody hearing.
There are several issues that have to be considered before you can use the tape. The questions to be answered are: 1) Is the mother's recording legal under Federal and New York State law? 2) Is the tape admissible at the custody hearing in New York State? 3) May the court-appointed forensic psychologist hear and use the tape? and 4) May the law guardian consent to the recording on behalf of the child?
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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.