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Same-Sex Marriage Developments
In October, state comptroller Alan G. Hevesi issued the first official opinion from the government of New York concerning the state's recognition of the foreign marriages of gay partners with regard to a concrete right to state benefits. In a letter to a state employee who had asked what his partner's state benefits would be if they got married in Canada, Hevesi wrote that the employee's spouse would be entitled to state pension funds in the same manner that a traditional, opposite-sex spouse would be. New York State already allows state employees to name same-sex partners as beneficiaries of their pension funds, but Hevesi's decision means same-sex spouses will have rights that they might not have if their partners did not voluntarily name them as pension beneficiaries. In addition, same-sex spouses will be entitled to cost-of-living increases and accidental death benefits.
Decision Not Surprising
Heversi's decision is not a surprising one in light of the fact that New York State Attorney General Elliott Spitzer had already announced in March of this year that the State of New York would recognize marriages legally entered into outside its jurisdiction. In addition, Hevesi has spoken out in favor of New York's allowing civil marriage of same-sex couples. On March 3, he testified at the first legislative public forum on the subject of same-sex marriage in New York that while “there are numerous arguments in favor of allowing gays and lesbians to marry in New York State … perhaps the most profound is a recognition of our great country's history of moving ever closer toward ending all forms of discrimination, until we have created a society where all people truly are equal under the law, and are afforded all of the same benefits and protections.” But, Hevesi asserts his decision was not made based on his personal feelings. The New York Times reported on Oct. 14 that the comptroller said in an interview, “The decision is driven by the law. I have a personal point of view, and I'm glad the law conforms to my personal point of view.”
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?