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Professional Licenses and Equitable Distribution
In last month's newsletter, we discussed the issue of the unused professional license and its value, if any, when seeking equitable distribution at the time of divorce. The court in Pino v. Pino, 189 Misc.2d 331 (Sup. Ct. Nassau 2001), for one, has compared equitable distribution to imputed child support and maintenance and concluded that it possesses full authority to calculate the enhanced earning potential from the license and can add that monetary result to the monies to be equitably distributed. But this is a rather unexplored area of the law in New York — an area ripe for litigation.
Making the Argument
It is well settled that a party must use every reasonable effort to maintain his or her earning capacity for child support and maintenance purposes, and there is no reason that equitable distribution should be any different. A court may impute income in order to arrive at an equitable child support or maintenance payment when a party improperly refuses to shoulder his or her financial burden. See generally Grossman v. Grossman, __A.D.2d__, 2004 N.Y. App. Div. LEXIS 2653 (2d Dept. 2004); Friedman v. Friedman, 309 A.D.2d 830, 831 (2d Dept. 2003) (“In determining a party's maintenance obligation, a court need not rely solely on the party's own account of his or her finances, but may impute income based upon the party's past earnings or demonstrated earning potential”) (citations and internal quotations marks omitted); Hickland v. Hickland, 56 A.D.2d 978, 978 (3d Dep't 1977) (husband “could not be indulged by judicial sanction in his attempt to avoid his obligation to his wife by abandoning a remunerative profession”), citing Hickland v. Hickland, 39 N.Y.2d 1, 5-6 (1976).
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?