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'Posttermination Contract'
Reversing established precedent, a Fourth Department panel has ruled that when a parent is deemed unable to care for a child due to the parent's mental illness or retardation, the Family Court may determine whether 'some form of posttermination contact' is nonetheless in the child's best interests.
The Decision
In the decision, Matter of Kahlil S., 35 AD3d 1164, '- N.Y.S.2d ”, 2006 WL 3759369 (4th Dept.12/22/06) (Scudder, J.P., Kehoe, Gorski, Smith and Pine, JJ.), a unanimous panel upheld a Family Court judge's decision to terminate a mother's parental rights, but remitted the case for a hearing on whether contact between the mother, Mamie W.K., and her son, Kahlil S., would be in Kahlil's best interests. 'We recognize ' that the termination of the parental rights of a biological parent results in an abrupt and complete cessation of contact between a child and the parent' that might result in 'psychological harm,' the panel found. The court therefore ruled that the 'Family Court may ' exercise its discretion in determining whether some form of posttermination contact with the biological parent is in the best interests of the child.'
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?