Family Law

Non-Sequiturs: 11.28.06

* Thesauruses can still do the trick. Who knows if I would have passed AP English without one? On the other hand, one of the perks of public high schools is having your Cliffs Notes-cribbed essay graded by a teacher qualified only to teach woodshop and coach girls’ softball. [New York Times]
* What would the Supreme Court say about McDonald’s plans to patent its sandwich-making process? [CNN Legal Pad]
* Ah, law school flirting is just so cute. [Overheard in New York]
* While the poodles seem to be safe, babies, sadly, are not. [WCSH Portland]
* Blood money, in a way. Because someone killed my will to love. [Newsweek via Overlawyered]

Pamela Anderson Above the Law Kid Rock Pamela Anderson Lee.jpgBut we can’t bring ourselves to do it. Maybe this guy can do some caring for us.
Actually, the Borat connection may be the only vaguely interesting thing about the Pamela Anderson/Kid Rock divorce (court papers filed yesterday). From Page Six:

[Hollywood producer] “Ron Meyer held a screening of ‘Borat’ at his house for a bunch of people, including Pam and Bob [Ritchie, aka Kid Rock],” says an Anderson pal. “It was the first time Bob had seen the movie, and, well, he didn’t like it.”

The hugely popular film shows Sasha Baron Cohen – in character as Borat Sagdiyev – falling in love with Anderson after seeing her in a “Baywatch” rerun, then driving across America in order to propose marriage to her.

Her friend tells Page Six, “Bob started screaming at Pam, saying she had humiliated herself and telling her, ‘You’re nothing but a whore! You’re a slut! How could you do that movie?’ – in front of everyone. It was very embarrassing.

It looks like Pam will be getting her revenge. Anderson has retained high-flying celebrity divorce lawyer Neal R. Hersh, one of the name partners in Hersh, Mannis & Bogen, a top family law boutique in Los Angeles.
One of Neal Hersh’s fellow partners is Judy Bogen, who represented Kim Basinger in her ugly divorce from Alec Baldwin. And Baldwin is no Bogen fan, describing her as a “hideously angry-looking woman,” whose face “looks like a cross between a bulldog and a clenched fist.”
An ATL commenter agrees with Baldwin:

My ex-wife hired Judy Bogen to represent her, and I can confirm Mr. Baldwin’s description of this vile female. He forgot to mention her four inch long fingernails, which obviously hadn’t touched a keyboard and were likely reserved for tearing the heart and soul out of her female clients’ unfortunate spouses.

We eat this stuff up. If you have any other good stories about divorce lawyers from hell, feel free to email them to us.
Pam Anderson Files for Divorce [TMZ.com]
Pam Splits Over Kid Blowup [New York Post]
Neal Hersh bio [FindLaw]
Earlier: Gee, Alec, Tell Us How You Really Feel
Prior ATL coverage of Borat (scroll down)

britney spears britney_spears naked nude breasts above the law atl britney spears topless.JPG

After details of Britney Spears’s “airtight” prenuptial agreement were disclosed, revealing that her soon-to-be ex-husband, Kevin Federline, wouldn’t get much in the divorce, we began hearing this rumor:

Fed-Ex will be a hero to stragglers everywhere, moreso even than Kato, in his leveraging: [Britney] made an air-tight prenup; he made a videotape of his adventures into what had been allegedly air-tight territory during their honeymoon. Internet P0rn distributor’s offer: $40M. Somehow I think that she is going to cough up more than that to prevent a Paris H. repeat…

But despite any spam you may have received recently touting the “Britney Sex Tape,” it seems that America’s most valuable home video is just an urban legend. From Reuters:

There is no “sex tape” involving pop star Britney Spears and estranged husband Kevin Federline, his lawyer said on Tuesday.

After Spears filed for divorce from the fledgling rapper this month, reports surfaced in the tabloid press that Federline had in his possession a videotape of the couple having sex and was considering making it public.

“There is not a sex video of Kevin and Britney in existence,” said Federline’s divorce lawyer, Mark Vincent Kaplan. Representatives for Spears had no immediate comment.

K-Fed really IS screwed — and all because Britney wasn’t.
(At least not on camera. Unless this publicist’s nightmare counts).
There is no Britney sex tape, Federline’s lawyer says [Reuters]
Britney Spears “STONED” acting strange UNCUT VERSION [YouTube]

britney spears britney_spears naked nude breasts above the law atl britney spears topless.JPGTo any single celebrities out there who happen to frequent legal gossip blogs, we offer you this piece of friendly advice: Before getting hitched, make your future spouse sign a prenup.
Sounds pretty obvious, right? But consider this, from Forbes’s Prenup Primer:

Last week, Britney Spears filed for divorce from her two-year marriage to Kevin Federline, whose nickname has gone from “K-Fed” to “Fed-Ex.” [A] day later, actors Reese Witherspoon and Ryan Phillippe also filed for divorce.

The difference between the two: Witherspoon did not have a prenuptial agreement, and Phillippe will likely have a claim to a substantial portion of her $60 million estimated net worth. The estimated $29 million in earnings from her next film may also be at stake — her ex could get half.

But Spears did have a prenuptial agreement. In fact, it was a 60-page agreement that protects most of her estimated $100 million fortune. Britney could get away with paying Federline a measly $300,000, which he says he is owed, plus $30,000 a month for half the number of years they were married, which would amount to one year. That’s pocket change for Britney.

More about the Britney Spears prenup, from the Daily Mail:

Britney even staged an elaborate sham wedding, again to protect her fortune.

The event, on September 18, 2004, in the modest back garden of a friend’s house in the Los Angeles suburb of Studio City, was meant to be the “real thing.” But with Federline yet to sign the pre-nup, a proper wedding could not go ahead.

So, with the paparazzi on her case, Britney decided to stage the “fake” wedding — and drew up a watertight contract to ensure the ceremony was not legally binding.

The pair were then married for real in a secret ceremony on October 6 — after Federline had signed the agreement that banned him from making any future claim against any assets his wife had prior to their marriage.

British newspapers are way more fun than ours. We love the colorful description of Spears’s attorney, Laura Wasser, as “one of Hollywood’s most ruthless lawyers.”
For an impressively detailed analysis of the legal issues surrounding the timing of the Spears-Federline wedding(s) and prenup, check out Death and Taxes — The Blog.
World Exclusive – Every detail of Britney Spears’ pre nup and £65 million fortune [Daily Mail]
Divorce Docs Prove Britney Faked Her “Wedding” [TMZ.com]
Prenup Primer [Forbes]
Sometimes I Run, Sometimes I Hide, Sometimes I Blog About Britney and K-Fed [Death and Taxes - The Blog]
The Role of the Prenup in the Timing of Britney Spears’ Divorce [TaxProf Blog]

Morning Docket: 11.09.06

Capitol building Above the Law Legal Blog 2.JPG* Democrats likely to officially declare victory today in the Senate; Allen “has no intention of dragging this out.” [CNN; Election Law Blog]
* Thank you sir may I have another… .life sentence; Malvo gets life in Maryland. [CNN; Washington Post; Baltimore Sun]
* Another one bites the KCl in Texas. [CourtTV]
* KFed wants the kids, yo. I still say DFACS should take ‘em. [AP via FindLaw]
* California sex offender law found temporarily blocked by judge one day after being approved on the ballot by voters. [AP via FindLaw]

cris judd chris judd kevin federline Above the Law Law Blog.JPGWhen we wrote about the Britney Spears-Kevin Federline divorce yesterday, we solicited interesting tidbits about Spears’s high-flying divorce lawyer, Laura Wasser.
We haven’t heard much about Wasser. But we did get this funny factoid about Federline’s counsel, Mark Kaplan:

This is a great tip, if you have a good history of celebrity divorce: Federline’s lawyer, Mark Vincent Kaplan, was CHRIS JUDD’S lawyer!!! I assume I don’t need to explain to you why this is funny.

For those of you who do require explanation: Cris Judd is a dancer and actor, best known not for his professional accomplishments (whatever they might be), but for his failed marriage to Jennifer Lopez. Judd, a former backup dancer to J.Lo, was her second husband — or possibly her third, if you believe those rumors of a brief marriage to David Cruz.
Family law practitioners in Hollywood tend to develop specialty niches. Some represent wealthy husbands, seeking to divorce their first wives with minimal financial pain. Some represent the jilted spouses, seeking to take their husbands for all they’re worth. Some defend paternity suits brought against promiscuous celebrities.
And some Tinseltown divorce lawyers, like Mark Kaplan, represent future Trivial Pursuit answers.
BREAKING NEWS: BRITNEY & WHATSISNAME SPLIT [The Smart Patrol]
Earlier: Breaking: Britney Spears Files for Divorce!!!

Non-Sequiturs: 11.07.06

chelsea clinton nude naked topless above_the_law.JPG* It’s becoming a trend. Another member of the bar takes his own life after being accused of sexual misconduct. [New York Times]
* Let’s keep it light, shall we? Yup, Britney has finally wised up. The bad news is that she lost her lawsuit against US Magazine; the court held that Britney asked for it. No word on what the judge thought of that other infamous video. [Defamer]
* Will feckless music heirs, like Hugh Grant’s character in About a Boy, actually have to get jobs? Even though Courtney Love recently sold part of her stake in Nirvana’s song catalog, I think Frances Bean is still pretty safe. [Lessig Blog]
* Take a cue from Chelsea Clinton, who was up and ready to vote before 6 a.m. today! Wow, celebrities ARE just like us. (Well, no, not like me, since I, like most BigLaw attorneys, straggle in, like, around 10 a.m.) [Empire Zone]

britney spears britney_spears naked nude breasts above the law atl britney spears topless.JPGMidterm elections, consider yourselves upstaged. Pop princess Britney Spiers is divorcing her wastrel husband, Kevin Federline.
More details, from TMZ (which broke the story, and has a copy of the divorce petition (PDF)):

[T]he legal papers, filed today in Los Angeles County Superior Court, [cite] “irreconcilable differences.” In her petition, Spears asks for both legal and physical custody of the couple’s two children, one-year old Sean Preston and two-month old Jayden James, with Federline getting reasonable visitation rights.

As for money, sources tell TMZ the couple, who married in Oct. 2004, has an iron-clad prenup. Not surprisingly, Spears is waiving her right to spousal support. She’s also asking the judge to make each party pay their own attorney’s fees….

Spears has hired powerhouse celebrity divorce lawyer Laura Wasser, who has repped a number of celebs, including Angelina Jolie, Nick Lachey and Kiefer Sutherland. We’re told Reese Witherspoon and Ryan Phillippe asked Wasser to rep both of them in their split, but Wasser declined for personal reasons.

We’re all in favor of keeping marriages together. But this split may be for the best. K-Fed was bad news from the start.
If any of you have worked with or litigated against Spears’s attorney, Laura A. Wasser, and can tell us a little more about her, please drop us a line.
Britney Spears Files for Divorce [TMZ.com]
Britney Spears FINALLY Divorces K-Fed [Gawker]
Britney Spears Divorcing K-Fed, Immediately Begins Search For Next Bad Relationship [Defamer]
Britney Spears Files For Divorce, Quashing Further Use of ‘Spederline’ [Jossip]
Laura Allison Wasser bio [Martindale-Hubbell]
Divorcing Stars Pick This Group: Top Hollywood Divorce Lawyers [USA Today]

Non-Sequiturs: 11.01.06

* Only those of you who are heartless very, very jaded will think this is some dated National Geographic-esque gimmick. Some of you may be able to help with the remaining countries… And yes, we’ve already made a call to Madonna’s people about crossing Malawi off the list. [New York Children]
* Not the ideal set-up, but better than keeping them in a car without cracking a window. No one tells her how to raise her kids. [CNN]
* Leave it to Trump to personify garishness even without the gold facades and conspicuous branding.
[AP via Yahoo! News]
* Perez Hilton is getting his karmic retribution for defacing B-list celebrities’ crotches and septa. [Radar]
* Props to Rachel Sklar for working a promissory estoppel joke into a post about the New York Times. The humor may have been lost on many HuffPo readers; but the ATL audience will surely appreciate it. [Huffington Post]
* Give a man a fish, he eats for a day. Give three pastors $1.3 million and, chances are, they’re going to use it for more than just bread and wine. [Talk Left]

cruel intentions.jpegAfter enduring copious coverage of Heather Mills’s and Sara Evans’s marital woes, we finally get to read about an A-lister’s split. From TMZ.com:

Reese Witherspoon and Ryan Phillippe have separated. The couple’s rep released a statement to TMZ Monday morning that says “We are saddened to announce that Reese & Ryan have decided to formally separate. They remain committed to their family and we ask that you please respect their privacy and the safety of their children at this time.”

This is too bad. Reese and Ryan were one celebrity couple we actually kinda liked.
Divorce papers haven’t been filed yet, “so there’s still some hope,” say the Popsugar folks. But we’re less sanguine. Per TMZ:

Sources tell TMZ Witherspoon has contacted celebrity divorce lawyer Robert Kaufman, who has represented Jennifer Aniston, Roseanne and Lisa Marie Presley.

Sounds like Reese will be retaining Kaufman any day now (if she hasn’t done so already). And once you’ve retained a divorce lawyer, you’re more than halfway there.
Reese Witherspoon and Ryan Phillippe Split [TMZ]
Reese and Ryan Split??? [popsugar]
To high-rent family lawyers, keeping secrets quiet is key [Los Angeles Business Journal]

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