In its April 19, 2005 decision in <i>520 East 81st Street Associates v. State of New York</i>, the Appellate Division, First Department, held that principles of just compensation require that claimant be awarded compound interest as part of its takings damages. While various Federal and state courts had previously awarded compound interest under such circumstances, <i>520 East 81st Street</i> marks the first time that a New York State Court has done so.
Life Insurance is an important matter in most divorces. There are a host of issues that are not addressed in the typical negotiation. Consider the following sample insurance clause from a Property Settlement Agreement [PSA]: "The husband shall maintain life insurance for the wife having an aggregate death benefit of $250,000. Said obligation shall be terminated if the husband's obligation to pay alimony is modified/terminated. The husband shall maintain life insurance having an aggregate death benefit of $250,000 for the benefit of the unemancipated children. Said benefit shall be reduced by $75,000 upon the emancipation of the first child and again upon the emancipation of the second child. The obligation to maintain any life insurance for the children shall terminate upon the emancipation of all Three [3] children." There are many important decisions and considerations not addressed in a simplistic -- and typical -- clause like this, and practitioners need practical recommendations and advice on how better to address life insurance issues. This article provides both.
Anyone who has handled a custody or equitable distribution case knows that expert witness testimony may be necessary at trial with regard to the disputed custody or valuation issues. The Civil Practice Law and Rules require counsel to lay a preliminary foundation for the introduction of expert testimony at trial, if a proper demand is made. However, many attorneys never make such a demand, so their adversary is free to offer such testimony. Attorneys who serve a demand are often successful in precluding such testimony when their demand goes unanswered.
On Oct. 8, 2003, Governor Pataki signed into law a bill, #S422A, which amended FCA '651(b) and DRL '72(2)(a) (b) (c), codifying jurisdiction to hear and determine petitions filed by grandparents for custody of their grandchildren. The amendments became effective Jan. 5, 2004. When the governor signed the legislation into law, it was lauded as an example of his commitment to New York State's children and families. Assemblyman Roger Green said, "In some cases, grandparents are the best viable guardian of a child. I therefore commend Governor Pataki for signing this law into effect on behalf of the many grandparents who work hard to provide a safe, nurturing home for their grandchildren. This is a wonderful day for grandparents and their grandchildren and the great State of New York."
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.
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.
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.
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.
