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Family Court Protective Orders
Under New York's Family Court Act of 1994, parties may obtain protective orders through Family Court and Integrated Domestic Violence Court only if they are married to or divorced from their alleged abuser, they are blood relatives of their abuser, or are single adults with children in common with their abuser. This means that a lot of people who want to get orders of protection must go to the criminal courts. That might seem fine, except for the fact that the standard of proof for permanent protective orders thus becomes 'beyond a reasonable doubt' rather than 'by a preponderance of the evidence.' In addition, the individual victim loses control of the process by having to involve the police and rely on overworked prosecutors to vigorously pursue the abuser.
Proposed Changes: Same-Old, Same-Old
In this year's legislative session, as in most other years' sessions since 1988, a change to the Family Court Act was proposed to address this problem. Unfortunately, it once again failed to progress and will have to be taken up again in next year's session. The proposed legislation, sponsored by Assembly- woman Helene E. Weinstein, D-Brooklyn, would have changed the definition of 'member of same family or household' to include a 'former spouse whether or not living together and unrelated persons who continually or at regular intervals reside in the same household or have done so in the past, and persons who are or have been in a dating or intimate relationship whether or not they have ever lived together.'
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?