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Grandparent Custody
In last month's newsletter, we explored the state of the law on grandparent custody of children prior to the amendments to FCA ' 651(b) and DRL ' 72(2)(a) (b) (c), which codified jurisdiction to hear and determine petitions filed by grandparents for custody of their grandchildren. The amendments, which went into effect on Jan. 5, 2004, appeared to change the law to make it easier for grandparents to gain or keep custody of grandchildren.
The leading case law previous to the amendments could be found in Matter of Bennett v. Jeffreys, 40 NY 2d 543, 387 NYS 2d 821, 356 NE 2d 277 (1976), in which the Court of Appeals held that a parent has a superior right to custody over a nonparent unless the nonparent meets the burden of proving “extraordinary circumstances.” Once such extraordinary circumstances are shown, a court may then move on to consider custody in light of the best interests of the children. After the amendments went into effect, the question became, did those amendments substantially change the law for grandparents seeking custody?
The Amendments
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?