Category: Blog
Why ‘Prenups’ Are Making A Comeback
David Mugrabi and his wife, Libbie, are one of New York’s wealthiest couples. A week before Christmas and they are engaged in a divorce that has been labeled the state’s nastiest. Fourteen-years ago the couple married — without a prenup. Their expenses average over $3.5 million each year and, according...
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Can A Sitting President Be Indicted? What Does Indictment Mean Anyway?
Can The President Be Indicted? Can the president be indicted while still in The Oval Office? No one suggests that a president can never be indicted — ever. The question is if a president can be indicted in office. Four government written memos going back 50-years lean towards, no. Of...
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Immigration Intimidation Is Increasing In The “Land Of The Free”
On January 14, 2010, Phoebe Prince committed suicide. Her death spurred an anti-harassment law by Massachusetts state legislators. Her suicide followed weeks of bullying by classmates and drew international awareness to America's problem of school bullying. Born in Bedford, England on November 24, 1994, she moved with her parents to...
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US Not Leading the Executioners List
The people of U.S. will be glad to know that for the first time in a decade, their country is not the leader in executions. That privilege now belongs to China and Iran. For the death penalty opponents this is welcome news as they have been trying hard to abolish...
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Why black market iPhones are a hot commodity in Argentina
Argentina has a serious trafficking issue. And it's not just drugs -- but iPhones. Buenos Aires, the nation's capital, is rife with stores sporting Apple signs and images of the late Steve Jobs. Walk into any of these unaffiliated shops, and you'll find white walls covered with iPhone accessories. But...
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Ubid v. Godaddy and Weather Underground v. Navigation Catalyst: How the “Effects Test” Drove the Courts to Opposite Rulings on Personal Jurisdiction
Web sites can be accessed virtually everywhere. A frequent worry of website operators is that a court in some distant state will find that it has personal jurisdiction over them and force them to defend a suit far from home. While it often seems that courts are biased towards assuming...
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Zheng v. Yahoo!: U.S. Companies Not Subject to U.S. Restrictions on Disclosure of Private Emails if the Disclosure Is Made in a Foreign Country
Digital media law update: Plaintiffs who believe they have been wronged by acts committed by U.S. multinational corporations in foreign countries have long attempted to bring claims against such corporations in the U.S., and based on U.S. law. However, such plaintiffs face many hurdles. Some claims are dismissed for lack...
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U.S.A. v. Iconix: A Website’s False Disclaimer that It Collects Personal Information from Children under Age 13 Can Lead to Doubled Penalties from the FTC
The FTC's recent settlement against soft goods marketer Iconix Brand Group, Inc. shows the hazards of trying to skirt the hassles of compliance with the Childrens' Online Privacy Protection Act (COPPA). 15 U.S.C. §§ 6501-6506. If your website privacy policy disclaims an intent to collect information from kids and asks...
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iMEGA v. Holder: Third Circuit Rejects Gaming Industry Group’s Constitutional Challenges to Federal Internet Gambling Law (UIGEA)
Internet gaming: On September 1, 2009, the 3rd Circuit handed down an opinion rejecting several facial challenges to the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006 (31 U.S.C. § 5361). This decision was on a suit brought by the Interactive Media Entertainment and Gaming Association - iMEGA -- a...
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Employer Access of Employee Digital Communications and Federal Wiretap Laws: It’s Easier to Be Found Immune if the Communications Reside on Your Servers
Employers seeking to discover what their employees are doing and writing on the internet will can find themselves out of the reach of federal wiretap laws (under the Electronic Communications Privacy Act ["ECPA"] and the Stored Communications Act ["SCA"]) so long as they limit their efforts to intercepting and accessing...
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