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Opening the Door
This Court ' shall, from this day forward, allow the parties themselves to read the [forensic evaluation] report, as well as the raw material. With this one sentence (qualified by conditions designed to prevent substantial prejudice to either party and to preserve the confidentiality of the most sensitive of personal information that provided to a forensic evaluator in a custody matter) the court in J.F.D. v. J.D., 2014 NY Slip Op. 51547 (Sup. Ct., Nassau Cty, 10/17/14), took a singular step forward, effectively announcing a new policy in its IAS Part with respect to custody matters ' this, despite the fact that the application prompting this new policy requested relief more narrow than that which was ultimately granted. (Acting Nassau County Supreme Court Justice Jeffrey A. Goodstein recited in his decision that the relief sought by the husband was the release of the raw data and notes of the forensic evaluator so that his retained expert could review them for the purpose of preparing for cross-examination. The husband did not seek release of this underlying information to the parties.)
In this case, involving a violation of the ban precluding an attorney from providing a copy of the forensic report to a client, Justice Goodstein opined that “[t]he circumstances surrounding this Forensic Report, as well as the instant motion for the release of the Forensic Evaluator's entire file[,] has required this Court to conduct a close examination of the issue of discovery during custody litigation regarding forensic reports and the raw data, notes, and overall entire file maintained by forensic evaluators which are compiled during the course of the evaluation process.”
The Extensive Analysis in J.F.D. v. J.D.
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?