Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Family and Criminal Courts: Overlapping Considerations
When accusations of domestic violence or child sexual abuse are brought in a family matter, the attorney for the accused party has a lot to think about. How to prove that no abuse occurred, that the client has reformed or that it was a one-time occurrence that won't happen again? Such issues can command a lot of the attorney's focus. But because matters surrounding spousal or child abuse accusations often are or will later become germane to a criminal case, family law attorneys have extra considerations apart from the outcome of the divorce or custody matter. How might criminal proceedings impact custody issues? Will the facts that come out in Family Court affect a later criminal prosecution? When admissions of criminal behavior are elicited in Family Court, do constitutional protections afforded to criminal defendants attach?
Although the family law attorney is generally not going to serve as counsel in a criminal trial, the overlap of family and criminal law in these situations demands attention. Following are some issues that have been addressed by and clarified by New York's courts in recent years. These cases offer some answers to questions that might (or might not) occur to the family law attorney whose client is accused of domestic violence, harassment or child abuse.
Criminal Conviction of Sexual Abuse May Negate Need for Custody Hearing
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?