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Parent Testimony in Custody Disputes
When it comes to custody matters, it is often difficult for parents to stay focused on the concept of the “best interests” of their children when they themselves are going through so much turmoil at the prospect of losing close parent/child contact. Although they may want to work out a harmonious custody arrangement for the good of their children, parents' own feelings of hurt, anger and frustration may surface at the wrong time, undermining their credibility with the court and thwarting their efforts to plead their case.
Of course, as in all litigations, the attorney must prepare the parent for a custody trial by going over the basic fundamentals of testifying: how to listen, how to answer only the question asked, the difference between direct and cross, how to behave, etc. But once that foundation is in place, the next step is to prepare the parent to testify persuasively about the crucial information the court needs in order to make a custody decision. Here, it is important that the client be made aware that venting rage, bickering and whining while on the stand will do nothing to help his or her case.
Three Areas of Preparation
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?