Wednesday, January 11, 2012
Sally Richardson (Skadden) has posted How Community Property Jurisdictions Can Avoid Being Lost in Cyberspace (Louisiana Law Review) on SSRN. Here's the abstract:
This Article serves as the second Article in a three-part series on the issues virtual property raises in community property regimes. Building on Classifying Virtual Property in Community Property Regimes: Are My Facebook Friends Earnings, Profits, Increases in Value, or Goodwill?, this Article examines how community property jurisdictions should govern virtual property once it has been classified as community property. In doing so, the Article discusses how virtual community property should be managed and explores when such property should fall subject to rules of equal management, joint management, or sole management. Further, the Article considers how virtual property should be divided and valued at the termination of a community.