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Decisions of Interest
Attorney Has Too Much Access to Husband's Personal Information
A Brooklyn appellate panel has affirmed that a divorcing woman was properly prohibited from employing her brother-in-law as her attorney; due to social contacts, the attorney simply had too much access to the husband's personal information. Halberstam v. Halberstam, 2014 N.Y. App. Div. LEXIS 7615 (2d Dept. 11/112/14) (Dickerson, J.P., Leventhal, Sgroi and Lasalle, JJ.).
The wife filed for divorce and retained her sister's husband, Eric A. Schwartz, as her attorney. The husband sought disqualification of Schwartz, claiming he had told Schwartz confidential information about his finances and his personal matters prior to the divorce filing, and that Schwartz had assured him that he could not represent either party in a divorce because of their personal relationships. Brooklyn Supreme Court granted the husband's motion for Schwartz's disqualification, and this appeal followed. In affirming, the appellate panel wrote, “The evidence ' supported the reasonable probability that confidential information was shared by the defendant with Schwartz, based on his belief that Schwartz could not represent either party. Accordingly, based on the appearance of impropriety, disqualification was warranted.”
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.
Removing Restrictive Covenants In New York
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?
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.