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What responses are available to a landlord after a false claim of discrimination? The Court of Appeals faced that issue in Clifton Park Apartments, LLC v. New York State Division of Human Rights, 41 N.Y.3d 326, and held that a landlord may not seek to recover the damages it has suffered as a result of a false discrimination claim, so long as the claim was made in good faith.
CityVision, a not-for-profit corporation, had a tester call the owner of the Pine Ridge apartment complex, purportedly to rent an apartment. CityVision then filed a complaint with the Division of Human Rights (DHR), alleging that Pine Ridge had discriminated against the tester based on her familial status because Pine Ridge had allegedly steered tenant to another apartment complex when Pine Ridge discovered that the tester planned to live in the apartment with children. After investigation, DHR dismissed the complaint, concluding that there was no probable cause to support a finding of discrimination.
Pine Ridge's lawyer, acting on Pine Ridge's behalf, then sent a letter to CityVision and the tester labeling the complaint "false, fraudulent, and libelous" and indicating that Pine Ridge was looking to them for the damages Pine Ridge suffered as a result of the complaint. The letter indicated that if Pine Ridge did not hear from CityVision and the tester within a specified period, Pine Ridge would assume that they were not taking responsibility for their actions, and Pine Ridge would "proceed accordingly."
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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.
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?