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Responsible Mediation and Domestic Violence
March 31 of this year marked the start of a potentially interesting dialogue. Family and divorce mediators had a joint, all-day conference at the Association of the Bar of the City of New York with an impressive array of professionals who have regularly worked and advocated for domestic-violence victims for decades. Since the inception of family and divorce mediation, mediators have struggled with the issue of whether cases involving domestic violence ' any kind of domestic violence ' should preclude mediation from occurring. Most advocates in the domestic violence community have been clear for some time: There should be no mediation when domestic violence is involved. Studies show that divorce and separation are dangerous periods for victims of domestic violence, and professionals in both fields want to protect victims' legal rights, as well as their physical and emotional well-being. But is there a process that can protect them to the extent we imagine? The New York City Bar's conference was just the beginning in exploring solutions.
The conference was a true effort to help mediators better understand domestic violence and to help them begin building a stronger relationship between professionals in both the domestic-violence-prevention community and the mediation community. I took away a variety of statistics, information regarding defining abuse, understanding better who an abuser and victim may be, and ' most importantly to me as a mediator ' a greater understanding of how to screen for domestic violence.
Grim Statistics
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.
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.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?