Tom Cruise-Katie Holmes Case Could Spur 'Divorce Tourism'
November, 13, 2012 11:32 am | Comments On #Divorce, Katie Holmes, Movies, Tom CruiseThe intense media coverage of high-profile celebrity divorces, like that of Tom Cruise and Katie Holmes, can quickly result in a degree of “reader fatigue.” But one fundamental aspect of what was one of the quickest divorce settlements in history is the developing concept of forum shopping in divorce cases.
Holmes made the unexpected decision, apparently catching Tom totally unaware, to file in New York as opposed to California, where the couple had been residing and brought up their daughter, Suri. However, with custody as opposed to maintenance being the key consideration for Holmes, New York’s historical reluctance to grant joint custody where the parents are at war with each other appeared to be a determining factor in the decision to file there.
While choice of jurisdiction has always been a factor in high-profile international family...
Read MoreInternational Mediation - The New Libel Tourism?
May, 15, 2012 11:44 am | Comments On #Media, paul tweedMany American stars, such as Britney Spears, Jennifer Lopez, Kate Hudson, Angelina Jolie, Cameron Diaz and Teri Hatcher, have utilized the UK courts to protect their reputations by taking advantage of Britain’s libel laws, which are more stringent than the First Amendment protection offered to American publishers.
The apparent similarity in the laws on either side of the Atlantic, and of course the fact that the U.S. legal system was originally founded on British common law principles, may make it surprising that Americans have felt the need to cross the Atlantic Ocean to avail themselves of a level of reputational protection that is taken for granted in most European countries.
When President Obama signed the SPEECH Act into law in fall 2010, it was a significant event for international mediation for the U.S. The genesis of the...
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Description
Paul Tweed is a mediator and arbitrator with JAMS International who focuses on media law in England and Ireland. He can be reached at +44 (207) 583-9808 or sclarke@jamsinternational.com. Bloomsbury published Paul Tweed’s book entitled “Privacy and Libel Law: The Clash with Press Freedom.”
