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Decisions of Interest
Family Court Lacks Jurisdiction to Alter Agreement
The Appellate Division, Third Department, disagreed here with Fourth Department precedent when it held that jurisdiction may not properly be conferred on Family Court by a separation agreement that provides that requests for alterations to the agreement be brought to Family Court for de novo review. Matter of Smith v. Smith, 842 N.Y.S.2d 617 (3d Dept., 10/4/07).
The parties' 2003 separation agreement provided that petitioner wife would receive $100 weekly maintenance and $250 weekly in child support. It also provided that petitioner would bring requests for upward modification of maintenance to Family Court in Otsego County for de novo review. Petitioner attempted to do this, but the support magistrate dismissed the application for upward modification of spousal maintenance for lack of jurisdiction. It found the provision directing that the Family Court treat any application by petitioner de novo insufficient to alter the substance of the agreement, which was an improper attempt to confer subject matter jurisdiction on the Family Court. The Third Department agreed, quoting the Court of Appeals' 1980 ruling in Kleila v. Kleila, 50 NY2d 277 (1980), in which that court said it was 'well settled' that 'Family Court is a court of limited jurisdiction which lacks the power to modify the terms of a separation agreement ' and that this power cannot be conferred upon that court by agreement of the parties.'
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.
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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?