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Although this is not a new concept, it is certainly worth repeating: The Chinese symbol for crisis is made up of two elements, danger and opportunity.
We often perceive a negative outcome in a legal case or a discredited witness in a trial to be a crisis, and we react principally to the danger attached to that concept. Our response at these times can make the crucial difference between success and failure. With every crisis, we must make a concerted effort to discover the opportunities inherent.
The fact that so many cliches ' the phoenix from the ashes, when the going gets tough, make the most of a bad situation, silver linings, rise to the challenge, etc., play to this concept is telling. Panic is not going to cut it ' unless you don't mind failure.
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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 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.
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In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.