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News Briefs
New York Law Applied to Taping of Interstate Calls
In New York, a telephone conversation may be legally recorded with the knowledge and consent of only one party. In California, all parties need to agree. So what happens when a Californian surreptitiously tapes her conversations with a New Yorker?
A Manhattan appellate court addressed that novel question in a unanimous opinion on April 18, by deciding that a New Yorker has no privacy claim against a Californian who recorded their phone conversation because the relevant California statute was intended only to protect residents of that state. Writing for the Appellate Division, First Department, Justice Joseph Sullivan said the express language of California's Invasion of Privacy Act 'disavowed' any interest in protecting New York residents from having their conversations recorded.
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.
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?
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.