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When There Is No Home State
Child custody jurisdiction in New York hinges primarily on identifying the child's 'home state.' But what if there isn't one? For example, what if the child has been living overseas with a grandparent? That was the issue recently facing Judge Schechter in Family Court, New York County in Grace G. v. Beeno G., 2006 NY Slip Op 51443. The court's step-by-step analysis provides a useful illustration of how to apply the Uniform Child Custody Jurisdiction and Enforcement Act in a complex case.
The Case
The child's parents had moved from Trinidad to the United States ' the mother to New York; the father to Florida ' and had left daughter Shedine in Trinidad with the father's mother. The biological mother then procured a divorce in New York, but the decree did not mention Shedine. Some years later, while the paternal grandmother and Shedine were changing planes in Florida en route to attending the father's remarriage in Florida, the mother seized the child, took her to New York and promptly filed for custody in that state. A few weeks later the father filed for custody in Florida. Did New York have jurisdiction?
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.