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What Every Company Needs to Know About Military Leave
Current U.S. troop deployments are affecting those who serve our country and their families, as well as the businesses that support their employees' military leave. Approximately 1.8 million personnel are on active military duty, with an additional 860,000 active Reserves. As of November 2005, National Guard and Reserve units comprised 50% of the ground forces stationed in Iraq. To add to this burden, President Bush recently recommended the deployment of 6000 troops to patrol the Mexican border.
With increasingly longer military leaves (since 2001, the National Guard's deployment policy has shifted from a 6-month to a 24-month maximum service overseas), companies must understand their legal obligations under military leave laws, specifically the Uniformed Services Employment and Reemployment Rights Act (USERRA). Employers must be aware of what happens before, during and after their employees take military leave.
First, some USERRA basics are in order. USERRA applies to all private and public employers, regardless of size. All employees, in spite of the length of employment, have military leave rights under USERRA. All types of military leave, voluntary or involuntary, are covered under the statute. In addition, states may enact more stringent military leave requirements for employers, but may not establish requirements less than USERRA. Employers should be aware of state statutes governing military leave.
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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
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.
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.
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.