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Decisions of Interest
Sex-Abuse Allegations Not Supported By Victim's Statements to Siblings
Siblings' corroborating statements concerning the alleged abuse of a child were not enough to support an accusation of sexual abuse because the alleged victim refused to testify and her earlier statements to various witnesses were contradictory. Matter of W., N.Y.L.J. 9/9/03, DOI; Vol. 230; Pg. 20 (Elkins, J.).
In a child protective proceeding under Article 10 of the Family Court Act, it was alleged that due to respondent's alleged sexual abuse of his stepdaughter, the other seven children in the home were derivatively abused or neglected. Out-of-court statements by other children in the household, made to a Children's Services Administration caseworker, cross-corroborated the stepdaughter's statements to school personnel, hospital doctors and a police detective. Despite respondent's failure to testify, the court dismissed the petition. Referring to Family Court Act ' 1046(a)(vi) the court found that there was no corroborative evidence other than the statements from the other children. Citing Matter of Kelly F., the court, reviewing the statements by the other children, determined that due to material contradictions to the stepdaughter's statements, their corroborating statements failed to meet the threshold of reliability and were insufficient to support the allegations of abuse.
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?