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Caveat Kojovic v. Goldman
The bench and bar are long weary of the surfeit of baseless proceedings to vacate pre- and post-nuptial agreements. A cursory review of decisional authority involving efforts to set aside marital agreements readily reveals that the odds are overwhelmingly against success. These efforts are often futile because they are correctly seen as nothing more than a last try to pressure the payor spouse to be more generous. The hope is that the monied spouse can be intimidated by general trepidation, the fear of legal costs and the difficulties of locating no-longer-extant evidence.
In a well-reasoned dissent in Gottlieb v. Such, 293 AD2d 267, Justice David Saxe cogently bemoaned 'the prevalence of excessive post-divorce litigation' and the necessity 'to find ways to discourage baseless post-judgment proceedings and offer instead protection against the enormous financial burden they entail.'
However, in the recent decision in Kojovic v. Goldman, 823 NYS2d 35 (1st Dept. 2006), the Appellate Division, First Department, may have gone too far to express what it termed 'disdain for post-divorce claims of concealment.'
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?