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The Guardian <i>Ad Litem</i> As Mediator
In the high-conflict divorce, try as it may, a court has little to offer minor children caught in Mom and Dad's crossfire. Regrettably, in many, if not most, instances, the more resources directed toward high conflict divorces, the more opportunity for escalating the conflict, unintended though it may be. One of the reasons for this entrenching of positions seems to be the identification of a specific role with its concomitant stance for everyone involved.
Battling spouses by definition must be diametrically opposed to whatever the other thinks is a good idea or considers fair, reasonable or in the best interest of the children. This is a basic tenet of high-conflict divorce. Enter divorce litigators. This spousal polarity is reinforced, if not out-and-out encouraged, by their legal posturing and advice to “shoot-for-the-moon.” Very few divorce litigators worry about what's fair and reasonable, especially if it's moneyed high conflict. Now come the kids. The children have, hands down, the toughest lot. Adversarial divorce places children squarely in the middle of the fray with no cover.
Guardians(s) Ad Litem
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.