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Child Removal: A Matrimonial Litigator's Checklist
In matrimonial practice, the frequency of child removal litigation has increased exponentially. The growing number of corporate downsizings, business mergers and acquisitions, and the general growth in employment mobility are all likely to result in a continuation of this trend. This article, which provides a checklist of five areas of inquiry, is intended to help the family law litigator anticipate and prepare for the legal and factual issues presented when child removal is in issue.
Is there a removal statute? The first step in the process is to determine whether your jurisdiction has a controlling statutory provision. In New Jersey, for example, the removal of children is governed by N.J.S.A. 9:2-2. Pursuant to that statute, minor children who are 'natives' of New Jersey or have resided there for 5 years cannot be removed from the state without 'the consent of both parents, unless the court, upon cause shown, shall otherwise order.'
Is there a custody statute? Every removal case necessarily implicates the same issues that are likely to arise in a child custody setting. This being the case, the matrimonial litigator must examine and address the custody criteria set forth in his/her jurisdiction's applicable statute. For example, the controlling statute in New Jersey (N.J.S.A. 9:2-4) provides 14 specific factors:
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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?