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Historically, the concept of “exclusive occupancy” during the course of a matrimonial proceeding has been based on the claims of one spouse that the other is physically violent or otherwise poses a great risk to the spouse seeking possession of the marital residence. While the children are often named as possible or actual victims as well, the concept of the children's best interests has not been associated with an order of pendente lite exclusive occupancy.
Of course, the applications for exclusive occupancy — and the rigid tenacity of the parent who declines to relocate himself (or, less often, herself) — are often founded in the usual laundry-list of reasons that have absolutely nothing to do with where one spouse or the other ends up living. Advice from counsel is often not focused on the children's best interests, but on other compelling issues in the divorce that are allowed to take precedence over the children's welfare, many of which are financially driven.
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.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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 real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.