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The Veterans Survivor Benefits Scheme, the Unlawful Marriage and CUE
The validity of most marriages is rarely challenged. We know when the marriage took place, as evidenced by official papers, and we know just as well when it ended … if it did. In those unusual situations in which an attempted marriage is not legal, there isn't much anyone can do about it. Either a marriage is valid or it's not. Period.
The case of Lewis v. Shulkin, 2017 U.S. App. Vet. Claims LEXIS 478 (3/30/17), heard by the U.S. Court of Appeals for Veterans Claims, shows us one instance in which an attempted but not legal marriage just might have a chance to be recognized, at least for the purposes of determining government benefits. The case was brought by Geraldine Lewis against David J. Shulkin in his capacity as Secretary of Veterans Affairs, after she was denied survivor benefits following the death of her formerly active-duty military husband (assumed). To get a different outcome, Geraldine Lewis will need to surmount one giant hurdle: She will need to show clear and unmistakable error (CUE) in the denial of her claim.
An Unwelcome Surprise
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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?