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Med Mal News
Kansas Clinics Fighting for Patient Privacy
In a brief filed with Kansas' highest court last month, two clinics that offer abortion services outlined their case for overturning a District Judge's order that the clinics turn patient records over to the state Attorney General. Under a gag order imposed in October 2004, the clinics were not allowed to contact the patients in question. Their records are ostensibly being sought so that the State can determine if the patients were victims of statutory rape or if they sought late-term abortions prohibited by Kansas law. The clinics offered to turn the records over with names and identifying information redacted but they could run afoul of patient privacy laws if they turn records over that contain patient identifying information without first contacting the patients. On March 9, the gag order was lifted. Attorney General Phill Kline is an abortion opponent, but claims his purpose in obtaining the records is merely to fulfill his duty to prosecute crime.
No Reprieve for New Jersey Attorneys
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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
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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?