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Decisions of Interest
Jurisdiction to Modify Child Support Aspects Lost When All Leave State
Supreme Court did not have jurisdiction to modify the child support aspects of the parties' divorce judgment because, in the intervening years, the parties and their children had all moved to out-of-state jurisdictions. Holloway v. Holloway, 35 AD3d 1126 (3d Dept. 12/28/06) (Crew, J.P., Peters, Spain, Rose and Kane, JJ.).
The parties' judgment of divorce incorporated, but did not merge, their prior stipulation of settlement in which the defendant father obtained custody of the parties' four children and agreed to pay plaintiff maintenance until, among other things, plaintiff failed 'to exercise any access to her children for 45 continuous days.' At the time of divorce, the parties were New York domiciliaries, but the plaintiff mother moved to Massachusetts shortly thereafter. The father and children eventually moved to Florida, without telling the mother or the court. After the father and the children moved to Florida, the mother did not visit them for a period in excess of 45 continuous days. Soon thereafter, the father ceased his maintenance payments and sent plaintiff a letter informing her that he was doing so in accordance with the stipulation of settlement.
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?