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Decisions of Interest
Stepfather May Seek Custody Although Biological Father Objects
A stepfather whose step-daughter's mother was murdered was entitled to have his case for custody heard despite the biological father's fitness to act as parent because he had shown “extraordinary circumstances” that warranted a best-interests analysis of the custody issue. Torch v. Roberts, N.Y.L.J. 9/13/04, DOI; Pg. 20 (Kiedaisch, J.).
The respondent father of a 15-year old girl moved to dismiss the custody action brought by the child's stepfather following the murder of the child's mother by a stranger. The respondent and the child's mother were divorced when the girl was 2 years old. The father was given joint legal custody, but the mother retained physical custody. The father was ordered to pay child support, and was not in arrears at the time of this action. After the respondent moved from New York to Nebraska, soon after the divorce, he was awarded, upon consent of the parties, 6 weeks of visitation in the summer and several other weeks during the year. The petitioning stepfather and the child's mother married when the subject child was a preschooler, and they had another child together. They were still married and living together with these children at the time of the mother's murder.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?