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Manifestly Unfair Marital Agreements
In last month's issue, we began an analysis of case law that followed the seminal decision in Christian v. Christian, 42 NY2d 63 (1977), in which the Appellate Division declared that a marital agreement can be set aside if it is 'manifestly unfair,' even if a similar contract between parties in a less 'fiduciary' relationship would be upheld.
'Unfair' and 'Unconscionable': Further Guidance
In Terio v. Terio, 150 AD2d 675 (2d Dept. 1989), a brief memorandum decision, the Second Department affirmed an order of the Supreme Court that, after a hearing, set aside the financial provisions of a separation agreement entered into in 1987 during the pendency of the parties' divorce action. The wife claimed that she ignored the advice of her counsel when she signed it. The appellate court found it significant that the parties were married for over 35 years and that the wife claimed that the husband continually pressured her until she signed the agreement. It further found that the terms of the agreement gave rise to an inference of overreaching, because they were manifestly unfair to plaintiff, but the court gave no indication as to what those terms were.
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?