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Economic Abuse: A Form of Abuse That Needs More Scrutiny
In last month's issue, we introduced the case of'Wissink v. Wissink, 301 AD2d 36 (2d Dept. 2002) in which the Appellate Division, Second Department, quoted New York Domestic Relations Law (DRL) Section 240 (1)(a), in telling the trial courts it expected them to pay careful attention to the legislature's mandate that in custody and visitation cases 'the court must consider the effect of ' domestic violence upon the best interest of the child.' It went on to tell the trial court that it should have considered evidence of certain economically abusive behavior that was relevant in the Wissink custody case.
What Is 'Domestic Violence'?
'Domestic violence' is not defined in the statute that mandates consideration of domestic violence in custody and visitation cases. Thus, the courts must define it. Financial abuse is a type of domestic violence. Experts now understand this to be the case, although initially only physical violence was recognized as domestic violence. Domestic violence is now recognized to be coercive control, whether that control is exercised by physical violence, psychological abuse, or some other type of coercive act.'See, e.g., Evan Stark, Coercive Control: How Men Entrap Women in Personal Life (NY: Oxford University Press, 2007).
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.