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'No Fault' Divorce
In October 2004, I wrote a column for The New York Law Journal outlining the status of “no fault” divorce in the State of New York (Lee Rosenberg, Outside Counsel, “Is the Time Ripe for No-Fault Divorce?” NYLJ 10/20/04 at 4, col 4). In the interim between then and now, we still await consideration of the proposed legislation submitted by the Family Law Section of the New York State Bar Association urging the enactment of a long-overdue no fault statute.
As it stands, many courts that remain constrained by the existing statute (DRL ” 170 and 220), particularly in the Third Department, continue to deny parties their divorces, usually for failure to meet the criteria for the establishment of cruel and inhuman treatment. See, eg, Gerber v. Gerber, __ AD3d __ , 2005 N.Y. Slip Op. 01424, (3d Dept. Feb. 24, 2005); Jacob v. Jacob, 8 AD3d 725 (3rd Dept., 2004) Omahen v. Omahen, 289 AD2d 890 (3rd Dept. 2001); Murphy v. Murphy, 257 A.D.2d 798 (3d Dept. 1999); Doyle v. Doyle, 214 AD2d 918 (3rd Dept. 1995) lv. den. 87 NY2d 809, (1995). See also, Archibald v. Archibald, __ AD3d __, 2005 NY Slip Op. 01152 (2d Dept. 2/14/05); D.A. v. B.E., 2005 NY Slip Op 50281(U), (Sup Ct. Queens Cty. 1/2705) (Lebowitz, J.)
'Constructive Abandonment'
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?