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Inadequate Discovery in Matrimonial Actions
With the advent of fee dispute arbitration, many litigants are quickly becoming more informed about their lawyers' responsibilities. This has led to significant court actions with regard to discharging attorneys 'for cause,' where the attorneys forfeit their fees. In the context of inadequate financial discovery, at least one court has already allowed a client to discharge an attorney for cause, despite the court's view that the attorney did not commit actionable malpractice. Smith v. Smith, Index No. 01-07091 (Sup. Ct., Suffolk Cty., 2007).
Obviously, it is the rare case in which financial discovery is not warranted. For example, where one party to the action is engaged in a professional practice or a business, the value of that practice or business becomes extremely important. This is especially true where the titled spouse claims that some or all of the practice, license or business valuation is separate property.
Oftentimes, the fringe benefits of owning and operating a practice or a business are not readily apparent on the surface. For instance, there may be various additional benefits and personal expenses that the practice or business paid on behalf of the titled spouse. These extras often included premiums for family medical insurance coverage, unreimbursed family medical expenses, automobile expenses (including lease and installment loan payments, insurance, repairs and maintenance), travel expenses, dining and entertainment expenses, telephone and cell phone expenses for personal and home telephones, life insurance premiums, retirement accounts, withdrawals for petty cash, and other expenses, including salaries to family members. In many of these situations, the non-titled spouse often subsumes his or her career to the practice or business 'owner' who likely is the more significant earner of the two.
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?