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Decisions of Interest
Non-Party to Divorce Action Subject to TRO
Even though they were not parties to the matrimonial action, three limited liability companies (LLCs) were properly enjoined from selling their land pursuant to a temporary restraining order issued in a matrimonial action, as the husband in that action was a 50% owner of the LLCs and the LLCs could not act without his acquiescence. Ricatto v. Ricatto, Jacobson, et. al., nonparty appellants (Index No. 19174/02) 2004 N.Y. App. Div. LEXIS 1824 (App. Div., 2d Dept. 2/23/04) (Ritter, J.P.; Miller, Luciano and Townes, JJ.).
The defendant husband in this matrimonial action and the nonparty, David T. Jacobson, each own 50% membership interests in three limited liability companies that hold title to certain real property in Manhattan. A temporary restraining order issued by Supreme Court, Kings County, dated March 14, 2002, temporarily enjoined the defendant from, inter alia, disposing of or diminishing his interest in these LLCs. The TRO was filed with the City Register of the City of New York. Jacobson and the LLCs (the appellants here) moved for an order declaring that the TRO did not apply to the LLCs and directing the removal of the TRO from the files of the City Register insofar as it referred to the LLCs' properties. Supreme Court granted the motion only to the extent of directing the City Register to remove from its files that portion of the TRO that affected one piece of property, so that it could be sold. However, the Supreme Court directed that if any new property were obtained as a result of a “like exchange” purchase, the new property would be subject to the TRO.
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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?