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Examination Order Violated Abuse Victim's Rights, Panel Says
A Family Court order that a teenage sexual abuse victim undergo a highly intrusive “forensic medical examination” violated her Fourth Amendment rights, a Brooklyn appellate court has ruled. A unanimous panel of the Appellate Division, Second Department, agreed with the lower court that Family Court Act
' 1027(g) required such exams in all abuse cases, but it said that courts nevertheless must be careful not to “trample” on the constitutional rights of children in their “zeal” to protect them.
“An innocent child should certainly have as much right to be free from an unreasonable search and seizure as someone suspected of committing a crime,” Justice Jeffrey A. Cohen wrote for the panel in Matter of Shernise C. (Anonymous), 2010-08309, 2010-10076. “Thus, while harmonizing the state's extraordinary interest in protecting a child's welfare from the potential for invasion of a child's constitutional rights may be at times difficult, a proper balance must be struck since even the most heinous crime of child sexual abuse does not automatically provide cause to ignore the rights of the victim.”
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.
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?
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.