Family Law Privacy

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OCR Issues Guidance on Application of HIPAA Privacy Rule after Windsor

The U.S. Supreme Court's ruling that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional in United States v. Windsor prompted many businesses to review and revise their employee benefit plans. However, the...more

Sexual Materials and Divorce

The world of divorce can be a messy and scary place. One area that is problematic is when a couple, during happier times, engaged in filming or photographing nude or sexual acts, which were done merely to illustrate the...more

I think my spouse is cheating. Is it a crime to spy on them?

Unexplained absences, secretive phone calls, late nights at the office – all telltale signs that your spouse may be up to no good. With advances in technology it has become easier and easier for suspicious spouses to snoop on...more

Is a human corpse property that can be made the subject of a trust?

While a pet may be put into a trust, its human owner may not be. Nor under traditional principles of property and trust law may the corpse of a deceased human being be made the subject of a trust. Charles E. Rounds, Jr.,...more

South Carolina Legislative Update - May 2014

“Crossover” Complete - The General Assembly’s May 1 “crossover” deadline requires bills to move from one legislative body to the other or require a two-thirds vote for consideration in the receiving chamber for bills...more

Privacy or Property? Arizona Court Adopts Post-Mortem Right of Publicity In Intra-Family Online Dispute

The right of publicity, i.e., the right not to have others appropriate your name or image for commercial purposes, is an odd duck. It was described by Professor Prosser in 1960, and later in the Restatement of Torts, as of...more

A Parent’s Right To College Records

For many parents, the financial support they provide to their children does not end after their children graduate from high school. For divorcing parents in particular, the payment of their children’s future college expenses...more

“Love and Marriage” – New Jersey Supreme Court Poised to Determine Whether the Marital Privilege Can Defeat Wiretap Evidence

In Brief - Over the past four years, the government has broadened the use of wiretaps to include insider trading, and to great success (the recent convictions of Raj Rajaratnam and Rajat Gupta serve as examples of...more

Privacy During a Divorce: Illusion

The National Security Agency (NSA) was recently in the news when Edward Snowden disclosed that the United States have been spying on U.S. Citizens and foreign diplomats visiting the United States. American citizens were...more

Tips to Protect Your Privacy When Separating – Part 1

For most folks the decision to separate is hard, and the reality of what separation means can be harder. One of the most important aspects of separating is privacy. Whether you stay in the marital home or get your own new...more

Supreme Court Strikes Down Defense of Marriage Act (DOMA) Provision

The Supreme Court of the United States announced on June 26, 2013 a landmark decision that will have far-reaching implications for employers across the country. In United States v. Windsor, the Supreme Court invalidated a...more

Keep Your Private Information Out of the Court

In last week’s blog post, I discussed how to maintain privacy from your spouse during a divorce proceeding. But any such proceeding raises a second concern: what about protecting your privacy from the general public?...more

GPS Tracking: Is it Legal to Covertly Track Vehicles in North Carolina?

Individuals and private investigators are using GPS systems to covertly track a wife, husband, child, or employee but is it legal? Can you be sued for covert use of a GPS system to track the whereabouts of someone? Explores...more

Constitutionality of Heart Balm Torts Will Have to Wait

A challenge to the constitutionality of North Carolina's heart balm torts of alienation of affection and criminal conversation will have to wait for another day. The North Carolina Court of Appeals rejects and appeal as...more

Social Media and Privacy Law

Thompson Reuters invited me to present a webinar on the topic of social media and privacy law in the family court context. This document is an outline of that webinar presentation, initially rendered on Thursday, February...more

Attorney Client Confidentiality and Your Divorce Lawyer

A brief overview of the Attorney Client Privilege in Minnesota and how it relates in a divorce case. Originally published at www.mankatolawblog.com by Rosengren Kohlmeyer, Mankato, Minnesota....more

In Your Divorce, the Court Is Open for Business

Courts and court records are supposed to be open to the public. The goal is to make the judicial system transparent so it is held accountable for its actions, and to show the public how the courts deal with particular issues....more

Making the Judge Your “Friend” on Facebook?

This past week the news reported the story of a judge in Connecticut who ordered both parties in a child custody dispute to give each other their Facebook passwords. The judge made this order so they each could look for...more

More Fun With FaceBook

Here, are two recently reported stories highlighting the vagaries of FaceBook and other such social media outlets. First, enter Dana Thornton. Apparently, she was not fond of her ex-boyfriend and decided to create a...more

Prosecutorial Memorandum from John Morton at Immigration and Customs Enforcement -

ICE Memo on Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities - ICE 6/17/11...

One of ICE's central responsibilities is to enforce the nation's civil immigration laws in coordination with U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS). ICE, however, has...more

Electronic Evidence Meets Right to Privacy in Texas Divorce Cases

There is a false sense of security that takes place when we log on to the internet, our smart phones, or some other form of electronic communication. Many of us seem to think that our true selves are separated from these...more

Art.572 Cod. Penale Italia

Matltattamenti in famiglia

Breve commento e considerazioni sull'art.572 c.p.Italia...more

An Overview of G.I.N.A.

This article describes new protections for employees and new challenges for employers (including specific things to do and not to do) under the Genetic Information Nondiscrimination Act....more

Is Your New Friend on Facebook Really a Debt Collector?

In this article I discuss a disturbing new trend of debt collectors using platforms such as Facebook to harass people over unpaid debts....more

Two Basic Estate Planning Documents That Everyone Should Have

Two estate planning documents that everyone should have, which can be effective any time during your lifetime, not just after death....more

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