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QDROs for Enforcement Purposes
As matrimonial practitioners, we are often confronted with the problem of enforcing either pendente lite or post-judgment awards of support, equitable distribution and counsel fees. Perhaps one of the most overlooked enforcement tools is the Qualified Domestic Relations Order (QDRO). While QDROs are used routinely to distribute all kinds of qualified deferred compensation benefits, they are also available for enforcement purposes.
In fact, some of the limitations that apply to other enforcement remedies do not apply to QDROs. For example, before a party may be held in civil contempt in the Supreme Court, the moving party must first establish that less drastic alternative civil remedies (DRL '' 243 and 244 and CPLR 5241 and 5242) have been exhausted or that the resort to such remedies would be ineffectual under the circumstances. While a QDRO for enforcement purposes is certainly a drastic remedy — particularly because it may trigger adverse tax consequences — there is nothing in the case law that requires the moving party first to seek enforcement through traditional means.
Another example is the limitation on the use of income-deduction orders and income executions for support enforcement (CPLR 5241 and 5242). These enforcement remedies are limited to “support” orders and may not be used to enforce equitable distribution awards or counsel fees in connection with such awards. No such limitation may exist with respect to QDROs.
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?