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Settlement in Chambers
Part Two of a Two-Part Article
In the first part of this article, we began discussion of the “open court” exception (Civil Practice Law & Rules (CPLR) ' 2104) to the Equitable Distribution Law's requirement that, to be enforceable, matrimonial agreements made before or during a marriage must be reduced to writing, subscribed by the parties and acknowledged or proven in the manner required to entitle a deed to be recorded. See Domestic Relations Law (DRL) ' 236(B)(3). (DRL ' 170(6) sets forth a similar requirement for separation agreements used for a conversion divorce.) The open court exception allows recognition of such agreements even though not in writing, etc., so long as they are the subject of court proceedings and certain other requirements are met.
But, as we saw in Dolgin Eldert Corp. v. Dolgin, 31 NY2d 1 (1972), oral agreements referred to by a court will not be deemed sufficient to overcome the requirements of DRL ' 236(B)(3). In fact, Dolgin and its progeny, make clear that the “open-court” exception applies only where an agreement, despite being oral, is nonetheless recorded in an official manner. See 105 N.Y. Jur. 2d Trials ' 234 (“The exception of oral agreements in open court is based on the underlying consideration that such agreements are memorialized by an authentic writing in the form of a court record, and when the exception is extended to oral agreements reached in a judge's chambers, it is permitted only when a stenographic record is made of the agreement, giving proof of the substance and fact of the parties' agreement; in the absence of a stenographic record of the stipulation, it is not binding.”).
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?