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Decisions of Interest
Same-Sex Marriage Cause Takes Another Hit
In February, The Appellate Division, Third Department, affirmed a lower-court dismissal of the suit brought by 13 same-sex couples to compel issuance to them of marriage licenses. Samuels v. New York State Department of Health, 98084. With this decision, the Third Department fell into line with the First Department's ruling a few months back in Hernandez v. Robles, 103434/04. Now, the focus will be moving to the Court of Appeals, which will have the last word on the validity of opposite-sex-only marriage laws under the New York State Constitution ' unless and until the legislature acts on the issue. Hernandez is already awaiting argument at the Court of Appeals and the Samuels attorneys plan to appeal.
Dissenting Judge Sees Possible Fraud
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.
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.
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.
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?