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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.
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.
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?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.