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Finding Fault
One of the most difficult aspects of family law practice is dealing with a client who believes he or she has been wronged by the other spouse — and expects the legal system to respond in a punitive manner.
The pain and the anxiety are apparent when the client answers your initial question, “May I ask what brings you here to see me?” with tears or anger spewing forth. The new client says, “I can't believe that this has happened to me.” He or she wants to spend the entire consultation time telling you how horrible the other spouse is, and the overpowering feelings of betrayal. Is the marital fault of one partner going to make a difference in the divorce proceedings?
The client is often dismayed to learn that the “fault” of the other spouse may not be given as much consideration by the court as the client feels is appropriate. He or she will not be happy to hear that marital fault may not even be considered in determining entitlement to spousal support, for instance. The client must first be informed of the legal relevance of fault in the jurisdiction, and then counseled as to how it may be used in the particular situation. Depending on the jurisdiction, fault can be relevant in several contexts, such as the grounds for the dissolution, division of property or the granting of spousal support. Behavior that negatively affects children is always relevant in child-custody determinations.
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.