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(Editor's Note: The case described in this article is interesting, in part due to an unusual aspect ' a major accounting system conversion ' and the motions filed in the case may themselves hold interest for litigators. But the main moral of the story is plainly this: If your partnership agreement's provisions on departing partners fail to accommodate the possibility of a mass defection, don't wait for an impending merger to update the agreement!)
New York's highest court has agreed to hear a case concerning law firms' ability to withhold capital contributions and compensation from departing partners.
The Court of Appeals granted leave at its Oct. 24 session to W. Edward Bailey, the former managing partner of intellectual property boutique Fish & Neave, and Kevin J. Culligan, a former management committee member. They are suing their old firm for allegedly trying to penalize them for defecting to another firm ahead of Fish & Neave's November 2004 merger with Boston's Ropes & Gray.
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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 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.
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.
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.
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?