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<b>Professional Development University:</b> CLE For The Soul
Pen in hand, I write to report that the 11 years of being my state's compliance maven of CLE have given me an up-close and personal view of attorney-dom that few non-lawyers witness. I am the confidant to lawyer stress, struggle, and reflection on what it means to be a lawyer. This is often spoken in hushed tones, with perhaps a sense that such confession might somehow be disloyal to the proud profession.
With civility and ethics at the top of lawyers' agendas, it at times seems to some to be a fragile balancing act as the need to zealously advocate for one's client and keep the practice profitable in a very populated profession can bring one close to the ethical bright line. In fact, the inception of the continuing legal education mandate in many states came on the heels of ethics breaches that were grievous enough to demand that ethics, professionalism, and general professional development be mandated. Out of crisis did come opportunity.
How to Really Use CLE
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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.
The Stranger to the Deed Rule
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.