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Decisions of Interest
Mother's Mistaken Paternity Release Held Binding
The doctrines of equitable estoppel and collateral estoppel compelled the court to dismiss with prejudice this action seeking an order establishing paternity and an order for child support because the petitioning mother had claimed for several years that the respondent was not the child's father. In the Matter of S.T.W. v. L.L.J., 2005 NY Slip Op 51300U; 2005 N.Y. Misc. LEXIS 1724 (7/28/05) (Hanuszczak, J.).
In November 2004, the petitioner mother sought an order of child support and an order establishing paternity for the subject child C.J., who is now 12 years old. The parties were married at the time the child was born, but their separation agreement, which was incorporated into their divorce decree dated May 1994, contained an admission from the mother that the child was not the biological child of the respondent although he had been born during their marriage. (Soon after the divorce, the petitioner married the man with whom she had had an extramarital affair and he thereafter held himself out to be the father of the subject child. After the petitioner and her second husband separated, her second husband took a DNA test that showed he was not the child's biological father.)
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.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?