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Non-Fungible Tokens: Copyright Legal Issues

In our last post, we wrote and talked about the basics of non-fungible tokens, or NFTs. They have some value on the market, and when things have value there will be a fight. When I first heard that a Nyan cat NFT sold for hundreds of thousands, and then when…

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When Can the Jury Consider Revenge Porn?

Clark v. Clark and Barrett, 2021-NCCOA-653 (2021) Facts: The Clarks were a married couple in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. Husband finally left the marital home…

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Alienation of Affection: Venue Matters

Clark v. Clark and Barrett, 2021-NCCOA-653 (2021) Facts: A married couple, the Clarks, lived in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. The couple argued and Wife ultimately…

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The No-Contact Order and Harassment

North Carolina’s statutes include a provision, chapter 50B, for an individual who is in a personal relationship to apply for a protective order. The name given is domestic violence protective order, and it is an Order of the court that accomplishes three things; the defendant must avoid certain acts, they…

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National Underdog Day

Friday December 17th is going to be National Underdogs Day. What is an underdog and why is it so fun supporting them? An underdog is the predicted loser in a competition. It stems from Old English, referring to the “beaten dog in a fight.” Presumably, the “fight” is a dog…

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Contempt: When a Verification Is All You Need

Scott v. Scott, 2021-NCCOA-636 (unpublished). In North Carolina, contempt is the avenue to enforce many domestic court orders, including those that were part of a separation agreement, but only if the agreement is later incorporated into a court order/judgment. That is the situation in the case below, where the father…

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Washington State Decides Pets Are Property

https://www.seattletimes.com/seattle-news/a-first-for-state-court-of-appeals-kona-mr-bear-dogs-divorce-visitation-rights/ Our pets and divorce saga continues. Today we have a tale from the state of Washington that continues this trend. A couple that separated in 2018 owned two dogs together: Kona and Mr. Bear. At the time, they co-parented the dogs extensively, texting each other schedules, grooming appointments, trainings,…

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“Adele 30”

Unless your home is under a rock, you probably know that Adele released her fourth studio album on November 19, 2021.  This is Adele’s first new music since the release of her third studio album in 2015.  It has been six years since Adele fans have been graced with her…

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Student Loans and Divorce

Purvis v. Purvis, 2021-NCCOA-616 (2021). It can be safely said that a majority of the parents in North Carolina want to see their children succeed. And to ensure that success, parents often take on large burdens to provide their children with as many opportunities as possible, including helping them with…

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Alimony Deductions

Congress recently repealed I.R.C. §§ 71 and 215, which eliminated federal tax deductions for alimony. They have additionally repealed I.R.C. § 61(a)(8), which designated that alimony was taxable income. However, divorce and separation agreements that were executed after December 31, 2018 are the only ones this new law applies to.…

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