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The Year's New Laws
This year, several changes to diverse aspects of California real estate law will go into effect, if they have not already done so. A comprehensive analysis of all the modifications made would be prohibitive in these pages, but here are a few key changes that may affect the real estate professional's job, the developer's business or the relationship of the landlord and tenant.
Real Estate Professionals
Several laws pertaining to real estate brokers were passed or amended in 2006, many of them adding extra requirements for getting or maintaining a real estate broker's license. Assembly Bill (AB) 2429 did away with the conditional real estate license, a short-cut method for gaining entrance to the field that many complained was flooding the market with under-qualified sales professionals. Under the previous system, applicants with one college course under their belts could take the real estate broker's licensing exam, pass it, and get a conditional license giving them all the rights and responsibilities of a full licensee, with the condition only that they complete two more courses within 18 months. The expedited licensing method was so popular that approximately 85% of new entrants to the profession came in on conditional licenses. The new rule, which will go into effect Oct. 1 this year, will require applicants to complete a full three-course study program before taking the licensure exam.
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?