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Legislature Overrides Pataki's Veto
Now that the New York State Legislature has overridden Governor Pataki's veto of the bill increasing compensation rates for court-appointed attorneys under Article 18-b of the County Law, a long-fought battle to drag state-funded attorney fees up to 21st-century levels may have come to a close. The increase will affect attorneys working on behalf of indigent criminal defendants, children in custody matters, and victims of domestic abuse.
Attorneys had in recent years been dropping out of the assigned-counsel program in protest over the antiquated fee schedule, in place since 1986, which paid them $40 per hour for in-court work and $25 per hour for out-of-court work.
The maximum compensation allowed to attorneys in Family Court was $1200. Many attorneys found that because they had to forego more lucrative work in order to take on court appointments, they could not afford to accept such cases on a regular basis. Consequently, cases in the family and criminal courts were backlogged while clients waited for appointment of an attorney.
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.