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ADR and Other Options: Advising Your Clients
It never fails to amaze me. Educated professionals, usually of the legal variety, begin discussing the state of our civil justice system. A discussion of the adversarial system ensues. Debating what is wrong with it, or perhaps, (thanks to those 'half-full glass' types) ways in which it could be improved, is usually an animated segment of the discussion. Invariably, when I am in the room ' and I would guess most other times too ' the discussion turns to 'What else is there, what's better?'
The question of just what other options are available becomes most pertinent. Alternative dispute resolution (ADR) is mentioned, and generally there is at least a flicker of recognition, not always flattering, but often we do not have a clear idea or very much knowledge about what is available and how it works.
Now, you may ask, what is it exactly that's amazing me here? Well, it seems not only amazing, but actually somewhat mystifying that we educated legal professionals don't make it a point to have a much better grasp on what all our options are when faced with a dispute or a problem that needs to be resolved. Actually, it seems even more mystifying to me that we don't understand that it's not only our job to know but our responsibility, as well. This is the business we are in. I am a firm believer that attorneys have both a professional responsibility and an ethical duty to fully inform clients as to what dispute resolution options are available to them. This discussion and diagnostic analysis should take place up front, in most instances, before a lawsuit is filed, and it should include guidance in determining what makes the most sense given these parties and this dispute. Doing this allows us to fulfill our role as counselor at law. It also makes us more competent lawyers.
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.