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Injunctive Relief: Protecting the Availability of Funds to Satisfy a Future Monetary Judgment
Insurers considering whether to bring suit for restitution under the New Jersey Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 et seq., against suspected fraudulent claimants must deal with a problem confronting all potential plaintiffs: the likelihood that a favorable judgment against the claimant may never be collected.
While in some instances, the insurer may be able to obtain pretrial attachment of the claimants' assets, the grounds for obtaining attachment are limited to where the defendant resides or operates its business within New Jersey. See R. 4:60; N.J.S.A. 2A:26-1 to 16.
An alternative approach involves seeking equitable protection from the court to maintain the status quo by way of an injunction. Those seeking injunctive relief in such instances must demonstrate a likelihood of success on the merits of their claim, irreparable harm in the absence of such relief, and that the balance of the equities favors the granting of such relief. See Crowe v. DeGioia, 90 N.J. 126 (1982).
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?