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First Decision on DOMA's Constitutionality
On Aug. 17, a bankruptcy judge in Washington State became the first federal judge in the country to rule on the constitutionality of the federal Defense of Marriage Act (DOMA), 1 U.S.C. ' 7. U.S. Bankruptcy Judge Paul B. Snyder held in In re Kandu, No. 03-51312, 2004 Bankr. LEXIS 1233 (8/17/04) that DOMA was not unconstitutional. And, while it may seem that a law this contentious should have garnered at least a few case-law decisions in the 8 years following its enactment, the Kandu case has become the unlikely first because previous litigants lacked standing; they had not actually been married to a same-sex partner. However, debtors Lee Kandu and Ann C. Kandu, two American citizens, were legally married in British Columbia, Canada, on Aug. 11, 2003.
On Oct. 31, 2003, Lee Kandu filed pro se a voluntary bankruptcy petition for relief under Title 11, Chapter 7. Ann C. Kandu was listed on the petition as a joint debtor. On Dec. 5, 2003, the court filed an Order to Show Cause for Improper Joint Filing of unmarried individuals. (Although Ann C. Kandu died in early 2003, her death did not render the case's decision moot under the bankruptcy code.) The remaining debtor, Lee Kandu, filed a Memorandum in Support of Debtors' Joint Filing on April 20, 2004, challenging the constitutionality of DOMA.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
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.
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.
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.
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.
Transfer Tax Implications on Real Property Leases
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.