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Conflict Addiction and Other Barriers to Settlement
People often have logical and sound reasons for refusing to settle divorce-related matters: The offer isn't fair or the parties have concerns about future financial security. However, sometimes we, with an outsider's perspective, can see that something other than a desire to get a better deal is at work: We see a stubborn resistance to any settlement. The divorcing parties may have been told and understand that, logically, both of them cannot get everything that they want, but they refuse to budge.
One scenario that comes to mind when the subject of mulish divorcing parties is broached is this year's case of Dr. Nicholas Bartha, whom authorities say imploded his Upper-East Side apartment around his own head rather than let his wife have any share in it. His action followed years of rancorous fighting in the court system, and he had lost; the house was to be sold at auction and the proceeds divided. Rather than allow his ex-wife to win the 'game,' Dr. Bartha apparently chose to destroy the prize ' and himself. Although his response to the conflict of divorce was extreme, his actions illustrate the lengths to which people may go to avoid letting their spouses come out ahead.
As a divorce mediator, I find myself in the position of trying to bring divorcing parties to a consensus more often than many family attorneys might, but the techniques used in mediation can help even the attorney handling a more adversarial divorce to help his or her client see the 'big picture' and move toward an optimum outcome. To do this, it is important to understand some of the more common reasons why arguments between couples spiral out of control, and what tools are available to help them get past the obstacles to settlement.
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.
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.
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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
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.