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In the wake of the U.S. Supreme Court's decision in'United States v. Windsor, a Pennsylvania federal judge has ruled the wife, and not the parents, of a deceased female Cozen O'Connor partner is entitled to her profit-sharing benefits.
U.S. District Judge C. Darnell Jones II of the Eastern District of Pennsylvania determined the terms of the federally-regulated profit-sharing plan at issue would dictate whether defendant Jennifer Tobits could be considered former partner Sarah Ellyn Farley's wife for purposes of collecting the benefits. The two were married in Canada in 2006 and the case came down to whether an Employee Retirement Income Security Act-qualified plan requires recognition of a Canadian marriage.
In narrowly tailoring his ruling, Jones said he did not have to decide any issues of Pennsylvania state law, which still defines marriage as between one man and one woman.
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 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.
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.
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.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?