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Fiduciary Hopefuls Must Meet New Requirements
With a June 1 due date looming for a new list of eligible fiduciaries, lawyers interested in qualifying for the court-appointed positions must meet the new training requirements announced by Chief Administrative Judge Jonathan Lippman in March. Developing new training requirements was one of the recommendations of a blue-ribbon panel appointed by Chief Judge Judith S. Kaye to examine the court's system for the appointment of fiduciaries to ensure there is no favoritism.
In December, Judge Lippman implemented the recommendations of the panel, headed by Sheila L. Birnbaum, to bar or limit political leaders, high-level court officials and former judges from accepting fiduciary appointments. The December rules, which went into effect on Jan. 1, also disqualify lawyers who earn more than $50,000 from court appointments in a single year from accepting any appointments in the following year.
Judge Kaye appointed the 17-member Birnbaum commission and Inspector General Sherrill R. Spatz to investigate how judges appoint fiduciaries in the wake of a public fury that erupted in late 2000, when two Democratic party officials in Brooklyn complained about being frozen out of appointment work. The two officials, Thomas J. Garry and Arnold J. Ludwig, in a widely circulated letter that was subsequently quoted in The New York Times, complained that they were not getting appointments despite their “unwavering loyalty” to the Democratic party.
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.