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Matrimonial Litigants and Zones of Privacy
A recent decision of the Appellate Division, First Department, addressed the rights of matrimonial litigants to shield their identities from publication in reported decisions. In Anonymous v. Anonymous, 27 A.D.3d 356 (1st Dept 2006), the court, citing People v. Jones, 47 NY2d 409 (1979), held that judicial approval of anonymous captions in divorce actions should be granted 'sparingly' and 'only when unusual circumstances necessitate it.' Earlier decisions of trial and appellate courts have manifested a judicial policy to allow anonymous captions only when necessary to promote some public interest, including the need to safeguard the health and welfare of children.
By way of example, courts have allowed the use of an anonymous caption in custody matters when necessary to safeguard the best interests of children (see, e.g., Anonymous v. Anonymous, 158 AD2d 296 (1st Dep't 1990), and refused such requests where the contested issues primarily concerned the parties' finances (see, Merrick v. Merrick, 154 Misc2d 559 (Sup. Ct., NY Cty. 1992)). The court in Anonymous, supra, denied plaintiff's request to disallow public attendance at the proceedings based upon 'unsupported speculation' of the negative effect media coverage might cause to the children, yet allowed the use of an anonymous caption to promote the children's long-term interests. In Merrick, the court noted that, although the wife had asserted a potential deleterious effect on the children in the absence of an anonymous caption, she had failed to support her claim beyond mere assertion.
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.
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.
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.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."