When Will I Get My Inheritance?

As they say, the only two certainties in life are death and taxes. At some point we will all mourn the loss of a loved one. Once the mourning is completed, questions may arise whether the decedent had a last will and testament under which you might be a beneficiary. If so, the question may then become when might you receive your inheritance. This question is frequently raised, however, the answer is not as simple as some might believe.

If a last will and testament is located, the first step would be for the named executor to seek to admit to probate the decedent’s last will and testament. Provided this process goes smoothly, there are many things which must be accomplished prior to distributions being made to beneficiaries of the estate. What is required prior to distributions being made depends upon the complexity of the estate, which entails the type of assets the decedent had, as well as their status.

In general, after being appointed as executor of the estate, this individual must first identify all assets of the decedent and seek to gather or marshal them. This process can be quite simple, or can be complex, depending upon the nature of the assets of the decedent. Once the assets of the decedent are properly identified and marshalled, the executor can move to the next step.

The executor should retain a professional to determine what the potential estate taxes would be once the assets of the estate are marshalled and identified. At this point, it is often suggested that the executor make a preliminary tax payment to the state and federal governments concerning the probable estate taxes. This will give the executor more time to complete the necessary estate tax returns without the possibility of impairing a penalty.

Now, assets of the estate are still not ready for distribution. The next thing the executor must do is make sure that current debts and obligations of the decedent are paid from available assets within the estate. This may consist of a one-time payment to satisfy a debt, or monthly or yearly payments concerning other obligations of the decedent. The executor should have a good working spreadsheet of the assets of the estate, as well as information concerning the obligations of the estate. Once these expenses are identified and under control, the executor may look to the next step.

At this point, the executor may seek to make an interim distribution to the beneficiaries of the estate. What this means is that the beneficiaries would receive a part of their bequests under the Will, however, not the entire amount. The executor would maintain an appropriate hold back to satisfy any potential future state and federal taxes of the estate. Typically, these partial distributions are for 50% or less of the entire balance which a party might receive as their bequest.

After the partial distributions are made, the executor will continue to wind down the estate to ensure that all debts, obligations, and appropriate state and federal taxes are paid. Once this is completed and appropriate tax waivers are received, the executor will prepare an accounting to be reviewed by all beneficiaries of the estate. Once the accounting is reviewed and approved, the final distributions can be made. When a beneficiary receives a final distribution they must sign a form which requires them to return any part of their bequest should tax liabilities of the estate arise in the future. This is a typical form and is signed by any beneficiary when they receive a bequest under an estate. As such, a beneficiary should not be alarmed by having to sign such a form.

The above blog provides a brief outline as to what occurs prior to distributions being made under an estate. The process differs for each estate depending upon the value and complexity. Should a beneficiary of an estate have any questions, they should consult with competent counsel.

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Phase 3 of NJEDA Small Businesses Emergency Assistance Grant Program

On October 14, 2020, the New Jersey Economic Development Authority (“NJEDA”) announced Phase 3 of the NJEDA’s Small Business Emergency Assistance Grant Program. Pre-registration for eligible businesses for Phase 3 funding opens TODAY (October 19, 2020) and can be done on NJEDA.com.

Overview:

Phase 3 sets aside $70 million dollars for restaurants and micro-businesses, including nonprofits and home-based businesses with 50 or fewer full-time employees.

33% of the pools of funding will be directed to support entities in the above categories that are located in a census tract that was eligible to be selected as a New Jersey Opportunity Zone. The NJEDA is partnering with five leading marketing agencies to coordinate strategic outreach to these targeted communities. Tara Dowdell Group, Medina=Citi, Brand Enchanting Media, and The Setroc Group, in partnership with Park Circle Technologies, were selected to support these outreach efforts based on their established connections to diverse communities across the state. All four firms are minority-, woman-, or veteran-owned.

Funding:

Phase 3 increases the amount of funding available to businesses. Grant awards will be calculated based on the number of full time employees.

• Micro-businesses with 5 or fewer full-time employees and sole proprietorships will receive $5,000;
• Businesses with 6-25 full time employees will receive $10,000; and
• Businesses with 26-50 full time employees will receive $15,000.

The amount of the grant increases for businesses that are restaurants (NAICS code 722). Businesses in this classification with:

• 5 or fewer full-time employees and sole proprietorships will receive $10,000;
• 6-25 full time employees will receive $15,000; and
• with 26-50 full time employees will receive $20,000.

To maximize the funding businesses’ receive, grant awards will be based on the peak full time employee count from a businesses’ past six quarters of WR-30 filings.

Funding to be fully disbursed as quickly as possible upon approval of grant application

Use of Funds:

Businesses must use the funds from the Program for reimbursement of lost revenue as a result of business interruption caused by COVID-19. Businesses may not use a grant for capital expenses.

Eligibility:

Businesses that were approved for grant funding under Phase 1 or Phase 2 of the Small Business Emergency Assistance Grant Program will be eligible for Phase 3 funding. Funding received in Phases 1 or 2 will not affect the award sizes these businesses are eligible to receive in Phase 3 (except to the extent prior grants reduced the business’s unmet need).

Eligible businesses must have a physical commercial location in the State of New Jersey (e.g., an office, a physical point of sales, a warehouse, manufacturing facility, etc.), and home-based businesses must be located in New Jersey. All non-profit entities organized under Internal Revenue Code section 501(c) will be eligible, with the exception of organizations whose primary activity is political lobbying.

Prohibited businesses include, but are not limited to: gambling or gaming activities; the conduct or purveyance of “adult” (i.e., pornographic, lewd, prurient, obscene or otherwise similarly disreputable) activities, services, products or materials (including nude or semi-nude performances or the sale of sexual aids or devices); any auction or bankruptcy or fire or “lost-our-lease” or “going-out-of-business” or similar sales; sales by transient merchants, Christmas tree sales or other outdoor storage; and, any activity constituting a nuisance; or any illegal purposes.

The CEO/equivalent officer of each eligible business must self-certify that the business:

• Was in operation on February 15, 2020 (consistent with the federal Paycheck Protection Program implemented by the Small Business Administration);
• Will make a best effort not to furlough or lay off any individuals from the time of application through six months after the end of the declared State of Emergency on March 9, 2020 (Businesses that have already furloughed or laid off workers from the time of application must make a best-effort pledge to re-hire those workers as soon as possible) – any material breach of its best efforts certification may result in the NJEDA seeking repayment of the grant;
• Has been negatively impacted by the COVID-19 declared State of Emergency on March 9, 2020 (e.g., has been temporarily shut down, has been required to reduce hours, has had at least a 20 percent drop in revenue, has been materially impacted by employees who cannot work due to the outbreak, or has a supply chain that has materially been disrupted and therefore slowed firm-level production); and
• Has a material financial need that cannot be overcome without the grant of emergency relief funds at this time (e.g., does not have significant cash reserves that can support the business during this period of economic disruption).

In addition, an eligible business must show evidence, at the time of application, that the business is registered to do business in the State of New Jersey, is in good standing with the New Jersey Department of Labor and Workforce Development, and meets the requirement by the Division of Taxation in the Department of Treasury to ensure that the applicant does not have tax debts due to the State. Evidence may be presented in the form of a certification by the applicant, subject to repayment if the certification is not correct.

Each eligible business may submit one application per Employer Identification Number (EIN) and, businesses with multiple locations but only one EIN will be limited to one application (under the sole EIN).

Finally, additional eligibility requirements may apply, which will be based on any applicable Federal requirements related to the Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, and may include, but not be limited to, a restriction on duplication of benefits that could exclude potential applicants that have already received Federal assistance, as well as a requirement that the applicant further demonstrate that it has had negative impacts from COVID-19.

Application Process:

To streamline the application process, the NJEDA is requiring all applicants to pre-register online. Applications will become available on a rolling basis following the pre-registration period. Pre-registered applicants will need to return to complete an application based on the following schedule:

• Restaurants – 9:00 a.m. on Thursday, October 29, 2020
• Micro businesses – 9:00 a.m. on Friday, October 30, 2020
• All other businesses, excluding restaurants and micro businesses – 9:00 am on Monday, November 2, 2020

Applications for each category will be open for a period of one week and will be accepted on a first-come, first-served basis.

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Divorce Rates and COVID-19

With divorce rates spiking, some couples want to know their options for separating in 2020.

All relationships involve a degree of conflict—and it’s normal to argue more during stressful times. From worrying about your health and the health of your loved ones to facing increased financial uncertainty, all of the classic marital stressors have been amplified by the events of 2020.

For some couples, pandemic friction has involved a few more fights about the laundry or the savings account. For others, lockdown has exposed issues that run deeper and offered ample time for reflection, leaving them to wonder about their options for pursuing separation during the pandemic.

Covid’s Impact on Relationships

Relationship counselors consistently rank financial stress, boredom, disagreements about parenting, and arguing about household chores as the most common sources of relationship trouble.

With many couples stuck in the house, homeschooling children, and facing added financial uncertainty, it should come as no surprise that the coronavirus pandemic is placing additional strain on relationships that were already struggling.

Additionally, support systems have become more difficult to access. Venting to friends over coffee or spending a night out on the town just isn’t an option right now. If you’ve been using these outlets to manage stress—or, perhaps, to avoid dealing with deeper problems—-you may find yourself suddenly in the position of having to confront your difference head on.

It’s no surprise that given this, many marriages have reached their breaking point.

Although the recognition of real, substantive problems in a marriage can be a sobering moment, it is also a necessary and hopeful turning point on the road to a healthy future. One of the pandemic’s brighter spots may be that it may prompt a refocusing on values and on what really matters, clarifying when the healthiest and wisest path forward for two people involves separation.

The Pandemic and Divorce Rates

The evidence that the pandemic might lead to an uptick in divorce rates came early this year.

By April, the interest in divorce had already increased by 34% in the US, with newer couples being the most likely to file for divorce. In fact, a full 20% of couples who had been married for five months or less sought divorce during this time period, compared with only 11% in 2019.

Some predict a continuation of this trend, anticipating that divorce rates will increase between 10% and 25% in the second half of the year.

One way of understanding this timeline is through the collective disaster response curve, a model charting the phases through which a community moves in the wake of trauma. The curve shows increased energy and a sense of community cohesion in the period of time immediately following a disaster —it’s the “We’ll get through this together!” phase of disaster response. After a few weeks, the energy wears off, and disillusionment and depression can set in. During this period, couples may begin to struggle.

Experts also observe that when people are experiencing greater stress from sources external to a relationship, they struggle more to problem-solve within their relationships, and may inadvertently take out this stress on each other.

In the most serious cases, tensions can lead to violence, and 2020 saw a 9% increase in outreach to the National Domestic Violence Hotline compared to the same period last year. If you are experiencing domestic violence, there’s help just a phone call away with the National Domestic Violence Hotline here.

Can I still get divorced during the pandemic?

If you’re wondering whether or not you can still get divorced with everything going on, the answer is yes. Deciding to end a marriage is never easy, and with the pandemic altering the rhythms of life, it may feel particularly daunting. But there are many options to start the divorce process in 2020, and finding which path is best for you and your family is essential.

New Jersey courts are fully operational and handling most things virtually. Additionally, there are other options outside of the courts, including mediation, arbitration, and collaborative divorce.

If you are considering divorce and unsure how to proceed, contact Stark & Stark to learn more about your options.

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New Case Inadvertently Serves as a Tip for Couples with Young Children Divorcing/Setting Child Support

The newly unreported (does not set precedent) decision of Covone v. Curreri makes two bold moves: (1) asserting that the passage of time is not a change in circumstance warranting a modification to child support and (2) confirming that the trial court has authority to allocate expenses between parents even without proof of their financial circumstances.  When rendering this decision, affirmed by the Appellate Court, it seems that the trial court inadvertently gave some tips for couples with young children who are divorcing/setting child support.

In this matter, the parties had a child in 2002 and then divorced in 2003.  In their divorce agreement, the parties set the former husband’s child support obligation and agreed to review it in April 2005.  The parties then entered into a Consent Order with an updated child support amount in 2005, and included cost of living adjustments (COLA) to increase child support in the years that followed, which they did.

In 2010, the parties agreed to retain a Parent Coordinator (“PC”), which is a professional (usually a family law attorney) who helps resolve custody/parenting time related disputes between parties, with the goal of reducing litigation.  Unless otherwise authorized by agreement of the parties, a PC’s recommendations are not binding.  Thus, if one party does not agree to the recommendation, it does not take effect.  The other party can file an application with the Court seeking to incorporate the recommendations into a Court Order, which is what happened here when the former husband refused to sign a Consent Order that the PC drafted with respect to parenting time and child support.

As should be expected, after the former husband refused to sign the Consent Order, the former wife filed a motion with the Court seeking:

•  Adopting the PC’s recommendations;
• Compelling the former husband to attend therapy with their daughter;
• Compelling the former husband to file an updated Case Information Statement (setting forth income, budget, assets and liabilities) in order to recalculate child support, arguing that the passage of time (13 years) is a change in circumstance warranting such recalculation; and,
• Compelling  the former husband to contribute to educational and extraordinary expenses on behalf of their daughter, such as SAT costs, driving lessons, college visits, prom costs and senior class trip. Practice tip: the sharing of these expenses are often outlined in the divorce agreement even when a child is so young that the actual allocation cannot be defined.  The agreement can simply list that extraordinary expenses will be shared at the relevant time based upon the parties’ financial circumstances, which would have required the financial circumstance/Case Information Statement exchange that the former wife sought.

After a hearing and updated briefs from each party, the Court denied the former wife’s request for the former husband to file an updated Case Information Statement and for the recalculation of child support simply because 13 years had passed since the present obligation was set.  The Court did not seem to care that the former husband was driving a Maserati and had other luxury assets.

Citing to Martin v. Martin, the Court reiterated that the passage of time is not a change in circumstance warranting a child support modification and, in fact, that is why we have COLAs.  Here, the parties had implemented COLAs since the last time child support was determined, resulting in an increase of over $2,000 over those 13 years.

On the other hand, the Court did find that the child’s status as a high school senior did result in the parents having to incur additional expenses that are not covered by child support, thereby ordering that the parties equally share the expenses requested by the former wife and for the parties to confer before incurring any such expense above $500.

In a somewhat surprising fashion, the Appellate Division affirmed the decision.  While the child support order seems on point because there was no evidence of a change in circumstance  with respect to child support that would open up discovery of the party’s financial circumstances (required for post-divorce financial issues), it is questionable as to how the trial court could have determined that the extraordinary expenses should be equally shared without proof of financial circumstances.  Even the Child Support Guidelines state that extraordinary expenses are to be shared pro rata, i.e.: in proportion to income.  If using the Guidelines to calculate child support, which the parties did here, there is even a specific line in the Guidelines that demonstrates each party’s percentage share of income.  Moreover, generally in order to have a court compel the sharing of expenses, the cost (or estimated) cost must be provided.  In fact, the Case Information Statement, addressed above, asks for an attachment when seeking contribution toward college expenses.

The Appellate Division, in affirming the decision with respect to equal allocation for the child’s expenses, said that the Court exercised its discretion in the absence of accurate financial circumstances of either party.  This ignores that the former wife asked for the former husband to be required to produce such proofs (and presumably she would have had to also), and rewards the former husband for refusing to do so.  If his obligation would have otherwise been more than 50% upon such discovery exchange, the former wife is the one making up the difference out of pocket.

Thus, even if the law is correct to deny a discovery exchange with respect to base child support, it should have required financial circumstance proofs before allocating child-related expenses – understanding that it could have opened the door to a child support recalculation. Even if it did, child support is for the child – not a reward or punishment for the parents – so if ultimately a recalculation resulted, where is the harm?

Beyond the takeaway of never being so sure what the court or Appellate Division will decide, a good tip is for couples divorcing with young child.  In many of those circumstances (unless one part is significantly more wealthy than the other), you may want to build in reviews over time with required disclosures, and confirm an agreement to share extraordinary expenses at the relevant time based on financial circumstances at the time.  Both of those agreements will likely require a financial disclosure and you will not be left without modifying child support while your former spouse is driving a Maserati and equally paying for expenses when your share perhaps should have been less.

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Lindsay A. Heller is a partner in the firm’s Family Law practice, based in its Morristown, NJ office. You can reach Lindsay at 973.548.3318 or lheller@foxrothschild.com.

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Permissive Infringement: Use of Trademarks in Creative Works Offers First Amendment Protection from Lanham Act Liability

After the debut of hit show Empire, record label Empire Distribution asserted trademark infringement counterclaims against Twentieth Century Fox Television, who sought a declaratory judgment that its television show and associated music releases did not violate Empire Distribution’s trademark rights. In Twentieth Century Fox TV v. Empire Distribution, Inc., 875 F.3d 1192 (9th Cir. 2017), the Ninth Circuit affirmed the district court’s finding that the First Amendment protected Fox’s use of the name “Empire” for an expressive, creative work and ancillary works. In doing so, the appellate panel reaffirmed First Amendment protection for use of marks in creative works where the use of the mark bears some artistic relevance to the underlying work and does not explicitly mislead consumers.

Founded in 2010, Empire Distribution is a record label that records and releases albums in the urban music genre, which includes hip hop, rap, and R&B. In 2015, Fox premiered Empire, a dramatic television series about a fictional New York based hip-hop record label, and the storylines that revolve around its inception, founding members, executives, and artists. The show features songs in every episode, some of which are original, and Fox contracted with Columbia Records to distribute the music in the show under the Empire brand. After receiving several threatening letters from Empire Distribution about Fox’s use of the “Empire” name, Fox filed a declaratory judgment action seeking a determination that its Empire show, its associated music releases, and affiliate merchandise did not violate Empire Distribution’s trademark rights. Empire Distribution counterclaim for trademark infringement, unfair competition, and false advertising. The fight centered on whether Fox’s creative work, which utilized the protected name and trademark of Empire Distribution, was exempt from the Lanham Act as a First Amendment expression.

When it comes to First Amendment protections for trademark use, the discussion must start with the test expounded by the Second Circuit in Rogers v. Grimaldi, 875 F.2d 994, 999 (2d Cir. 1989). Courts generally apply the Rogers test in determining whether an expressive work runs afoul of the Lanham Act where “the public interest in avoiding consumer confusion outweighs the public interest in free expression.” Pursuant to Rogers, use of another’s trademark or protected identifying material in an expressive work does not violate the Lanham Act unless the use “has no artistic relevance to the underlying work whatsoever, or, if it has some artistic relevance, unless it explicitly misleads consumers as to the source or content of the work.”

Analyzing the first prong, the Ninth Circuit found Fox used the word “Empire” for artistically relevant reasons because the show was set in New York, the Empire State, and its subject matter is a music and entertainment conglomerate. The court rejected Empire Distribution’s contention that for a use to have an artistic relevance it must refer to the owner’s mark, in this case Empire Distribution, holding that supporting the themes and geographic setting of the work was sufficient to satisfy the first prong of the Rogers test, which simply requires minimal relevance.

Turning to the second prong, the Ninth Circuit found Fox’s use of the title Empire did not explicitly mislead consumers. Absent an “explicit indication,” “overt claim,” or “explicit misstatement” that causes such consumer confusion, the second prong of the Rogers test will be satisfied. Since Empire did not mislead consumers into believing it was produced or created by Empire Distribution, the Court affirmed the lower court’s grant of summary judgment in favor of Fox.

Tucked away in the Ninth Circuit’s decision is the acknowledgment that not only is an expressive work protected from trademark infringement liability if it passes the Rogers test, but also are similarly branded ancillary promotional activities and commercial products based on the expressive work. So as long as the attendant commercial use is auxiliary to the expressive work and not explicitly misleading, it falls within the protective umbrella. Thus, Fox can sell Empire branded CDs, t-shirts, and music, as well as put on and promote Empire concerts without infringing on Empire Distribution’s “exclusive” rights to use the Empire name in conjunction with those goods and services. Although the Ninth Circuit’s decision may be a significant victory for Fox and other creators of expressive works, brand owners will likely see this decision as a setback to trademark enforcement and an expansion of the Rogers test. With bated breath, we anticipate how other courts apply and expound on Rogers in light of the Ninth Circuit’s decision, and whether the Supreme Court will weigh in on the topic.

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Strike 3 Saga: Turning BitTorrent Downloads Into A Copyright Infringement Settlement Machine Part 3

Balancing Individual John Doe Defendants’ Privacy Rights With Strike 3’s Right to Pursue Its Copyright Infringement Claims

Digital piracy on peer-to-peer networks can have severe financial consequences for copyright holders. As one member of Congress put it:

Under U.S. law, stealing intellectual property is just that—stealing. It hurts artists, the music industry, the movie industry, and others involved in creative work. And it is unfortunate that the software being used—called “file sharing,” as if it were simply enabling friends to share recipes, is helping create a generation of Americans who don’t see the harm. [1]

As digital pirates increasingly use BitTorrent and other peer-to-peer networks to share media, copyright holders have pressed the courts for recourse.  To combat losses from peer-to-peer file sharing, copyright holders have filed a spate of lawsuits against infringers in federal courts across the country. See, e.g., BMG Rights Mgmt. (US) LLC v. Cox Commc’ns, Inc., 881 F.3d 293, 298-99 (4th Cir. 2018); Killer Joe Nevada, LLC v. Does 1-20, 807 F.3d 908, 910 (8th Cir. 2015); Dallas Buyers Club, LLC v. Madsen, 2015 U.S. Dist. LEXIS 148445 at *1 (W.D. Wash. Nov. 2, 2015) (noting that the action is “one of 13 practically identical cases filed” alleging BitTorrent users’ infringement of the movie Dallas Buyers Club).

These suits are not without controversy: many involve “copyright trolls” who buy up copyrights to adult films and then sue masses of unknown BitTorrent users for illegally downloading pornography. [2]

Peer-to-peer networking involves a “decentralized infrastructure whereby each participant in the network . . . acts as both a supplier and consumer of information resources.” [3] In other words, “peers” download content from fellow peers, while leaving their own folders of digital content available for others to download. One type of peer-to-peer networking involves the BitTorrent protocol, in which a file is broken up into smaller pieces from various peers and then reassembled upon completion of a download. With BitTorrent, “each user is both downloading and uploading several different pieces of a file from and to multiple other users.” [4] Peer-to-peer networks like BitTorrent are “ideally suited for sharing large files, a feature that has led to their adoption by, among others, those wanting access to pirated media, including music, movies, and television shows.” [5]

BitTorrent is a system designed to quickly distribute large files over the Internet. Instead of downloading a file, such as a movie, from a single source, BitTorrent users are able to connect to the computers of other BitTorrent users in order to simultaneously download and upload pieces of the file from and to other users. To use BitTorrent to download a movie, the user has to obtain a “torrent” file for that movie, from a torrent website. The torrent file contains instructions for identifying the Internet addresses of other BitTorrent users who have the movie, and for downloading the movie from those users. Once a user downloads all the pieces of that movie from the other BitTorrent users, the movie is automatically reassembled into its original form, ready for playing on the recipient’s device.

Strike 3 hires forensic investigators to tap into BitTorrent and track the uploading and downloading of the hash files that comprise its copyrighted adult film works.  Using specially designed software and tools, the investigators can ascertain when an IP address is used to download all of the hash files for a complete movie.  The investigators then continue to monitor that IP address for months or years until the number of tracked downloads triggers Strike 3 to take legal action (usually more than 20).

When John Doe’s IP address is named in a complaint, John Doe is none the wiser until he/she receives a letter from his/her Internet Service Provider (“ISP”) (such as Comcast, Verizon, AT&T, Time Warner, etc.) informing John Doe of a subpoena the ISP received directing it to reveal John Doe’s name and address to Strike 3.  Thus, John Doe is forced to deal with a lawsuit alleging illegal downloading of pornographic materials even though Strike 3 does not yet have any actual proof that John Doe – as opposed to some other individual with access to John Doe’s Wi-Fi – was the internet user who actually downloaded Strike 3’s films.

This of course implicates privacy concerns and the potential for reputational harm of an innocent John Doe being named in or associated with a salacious lawsuit.  That is why courts insist on anonymity and protective orders to protect a John Doe’s privacy while still allowing Strike 3 to obtain the information it needs to prosecute its case.

In balancing John Doe Defendants’ privacy interests with Plaintiff’s right to pursue those who anonymously violate its intellectual property rights, many courts find that entry of a limited protective order strikes the right balance between Strike 3’s interests and individual defendants’ misidentification and invasion of privacy concerns.  See, e.g., Manny Film LLC v. Doe Subscriber Assigned IP Address 50.166.88.98, 98 F. Supp.3d 693, 696 (D.N.J. 2015) (granting expedited discovery but directing the internet service provider to provide the internet subscriber with a copy of the order and a copy of the subpoena received from the plaintiff and upon receipt of the order and the subpoena, granting the internet subscriber twenty-one (21) days to quash the subpoena or move in the alternative for a protective order. Further, the court ordered that the ISP shall not provide any responsive information to the plaintiff until the latter of the expiration of twenty-one (21) days or resolution of any motion to quash or for a protective order); Strike 3 Holdings, LLC v. Doe, 2019 U.S. Dist. LEXIS 168379, at *7 (D.N.J. Sept. 30, 2019) (declining to issue a protective order but permitting the plaintiff to proceed anonymously); Strike 3 Holdings, LLC v. Doe, 330 F.R.D. 552, 556-57 (D. Minn. 2019) (entering a comprehensive, multifaceted protective order to aid in protecting privacy interests and limit risks of embarrassment and misidentification); Malibu Media, LLC v. Doe, 2013 U.S. Dist. LEXIS 189452 at *2 (D.N.J. Aug. 19, 2013) (limiting the scope of a pre-Rule 26(f) conference subpoena to a subscriber’s name and address); Voltage Pictures v. Doe, 2013 U.S. Dist. LEXIS 155356, at *9-10 (D.N.J. May 31, 2013) (granting leave to serve subpoena requesting only the name, address, and media access control address associated with a particular IP address).

[1] Privacy and Piracy: the Paradox of Illegal File Sharing on Peer-To-Peer Networks and the Impact of Technology on the Entertainment Industry: Hearing Before the S. Comm. on Governmental Affairs, 108th Cong. 10-14 (2003) (statement of Sen. Levin); see also id. at 1-2 (statement of Sen. Boxer) (asserting that “downloading copyrighted works is theft” and “is a real problem”).

[2] Glacier Films (USA), Inc. v. Turchin, 896 F.3d 1033, 1035 (9th Cir. 2018).

[3] Columbia Pictures Indus., Inc. v. Fung, 710 F.3d 1020, 1024 (9th Cir. 2013).

[4] Fung, 710 F.3d at 1027.

[5] Id. at 1025; see also Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913, 919-20 (2005).

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