Family Law Privacy

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Cheaters, Divorce & Social Media

Files Leaked – Cheating Spouses Exposed - Target, Staples, and Home Depot customer’s credit card information was hacked into this past year. Recently the website that caters to spouses seeking to be unfaithful to their...more

Ashley Madison, meet the kids: infidelity and divorce

The recent Ashley Madison breach exposed millions of users who’d signed up to the site, believing they were doing so with full anonymity. Social media and news outlets helped fuel a storm that will not soon be forgotten. In...more

4 Thoughts On The Ashley Madison Hack

1. Should you post anything on the internet that you wouldn’t want to see on the front page of the New York Times? “No” used to be standard advice, but that isn’t practical any more. I do online banking, but that doesn’t mean...more

How Does Ashley Madison Membership Effect PA Divorces?

Ashley-Madison is a controversial online dating/social networking service, based in Canada, which markets to married individuals or those in a committed relationship. Its slogan is “Life is short. Have an affair.” The site,...more

Ashley Madison’s Impact on New Jersey Divorce

Names, email addresses, credit card information, billing addresses and more for over 36,000,000 registered users have been released on the internet by the Ashley Madison Hackers. While many of the registered accounts may...more

Ashley Madison: Karma Strikes

Our barn cat, Ashley, is shocked and appalled. Hi there, Well, cheaters beware! Last week I posted on the Ashley Madison hack. The hackers were largely silent for about a month after they went into Ashley Madison’s database...more

Ashley Madison: Adultery in the Age of Technology

Hi there, I decided this would be an apt post in the middle of CiCi’s miniseries on the The 7 Deadly (Tech) Sins of Divorce. There’s a huge scandal right now revolving around precisely what you shouldn’t do BEFORE...more

The 7 Deadly (Tech) Sins of Divorce – Part 1

For anyone involved in a divorce there are always pitfalls to be avoided, no matter where you are in the process. Some of the pitfalls are obvious, others less so. Today we’ll discuss the first three in a set of seven areas...more

US Court of Appeals Rules Pocket Dial Calls Fail to Exhibit an Expectation of Privacy

Florida Statute § 934.03 regarding interception and disclosure of wire, oral, or electronic communications closely mirrors the United Code 18 U.S.C. § 2511(1)(a), which clearly sets forth the rights to privacy regarding...more

Use This Form to Avoid Loved Ones Being Denied Medical Information About You

If you are in the hospital, the last thing you want is for a family member or a trusted friend to be denied information about your condition or prognosis. But this could happen if you haven’t already given authorization...more

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

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 by Rosengren Kohlmeyer, Mankato, Minnesota....more

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