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Decisions of Interest
Court Properly Ordered Audit of Finances
The Second Department held that the Supreme Court, Rockland County, properly ordered an audit of the defendant husband's family's corporation, as he had not been forthcoming with his financial information and his finances were entwined with the corporation's. Pechman v. Pechman, 2003 N.Y. App. Div. LEXIS 2327, (Feuerstein, JP, Friedmann, Schmidt and Mastro, JJ).
The defendant husband appealed an order granting plaintiff wife's motion to appoint an independent accountant to audit the financial records of nonparty Lexington Glass Company Inc., and to evaluate defendant's income. The order was based on the Supreme Court's finding that the husband was half owner of a closely held family glass business for the 3 years previous to the filing of the divorce. One month after the action was filed, however, the company's accountant had been instructed to amend the previous 3 years' tax returns to reflect that the husband's father was the sole owner of the company.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.