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Decisions of Interest
Father's Name Trumps Mother's
Over the mother's objection, a child's surname was ordered changed from the name the mother had given him (the hyphenated surnames of the mother and the child's stepfather) to the biological father's surname. In the Matter of John Phillip M.-P (Anonymous) 41 AD3d 720, 2007 WL 1775948 (2d Dept. 6/19/07) (Miller, J.P., Mastro, Dillon and McCarthy, JJ.).
The biological father of a school-age child brought a proceeding pursuant to Civil Rights Law article 6 for leave to change an infant's surname. Supreme Court, Nassau County, denied the petition. The Second Department reversed, finding that the Supreme Court's determination that the proposed name change would not be in the best interests of the child was not supported by the record. Specifically, the record indicated that the father had visited the child on a regular basis since he obtained an order of filiation. He also continues to make all required child support payments and has developed a close relationship with 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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.