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Decisions of Interest
Dispute Over Lottery Winnings' Status As Joint Property
A woman was unsuccessful in obtaining a protective order prohibiting her husband from giving the media transcripts of her deposition despite the fact that her deposition pertained to divorce proceedings. Parker v. Parker, N.Y.L.J. 12/15/03, DOI; Pg. 19 (Sup. Ct., Nassau Cty.) (Falanga, J.).
A woman who won a $25 million lottery prize moved for a protective order enjoining her husband from distributing transcripts of her divorce-related deposition to the media. In their divorce, the husband argued that the lottery prize was excluded from their prenuptial agreement and subject to an oral agreement to share the winnings. Conceding that the party seeking a protective order normally bears the burden of proving entitlement, the woman, citing Lisa C.-R. v. William R., 166 Misc2d 817, argued that in a divorce, the party seeking to disseminate a deposition transcript must establish a special need for dissemination. Departing from the Lisa C.-R. exception, the court denied the woman's motion, ruling that she failed to meet her burden of proof under Civil Practice Law and Rules 3103. The court noted that while the Lisa C.-R. court found a presumption against dissemination of matrimonial papers, it did not define the parameters or duration of the presumption.
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?