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International Parental Child Abduction
When resolving custody issues between international parents, counsel should address the issue of international travel and should use their best efforts to prevent international parental child abduction. In my practice, I assist attorneys and clients around the world to prevent children from being abducted overseas and to seek their return if they have been abducted. Preventing child abduction is obviously far better than trying to recover abducted children from countries that do not recognize an obligation to reunite families. Unfortunately, clients often seek help too late, lawyers often do not recognize the severity of the situation or do not know what steps to take, and judges often fall back on concepts such as international comity to justify a refusal to issue the necessary orders.
The Hague Convention
The Hague Convention on the Civil Aspects of International Child Abduction (the Hague Convention) provides that a child who is habitually resident in one party country, and has been removed to or retained in another party country in violation of the left-behind parent's custodial rights, should be promptly returned to the country of habitual residence. Unfortunately, the Convention binds only a minority of the world's states and, even among its parties, the level of enforcement varies significantly. Certain defenses can be interposed in any Hague case, so return orders are not always available and return applications are often hotly contested.
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.
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?