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Interpreting and Applying the Hague Convention
The Hague Convention on the Civil Aspects of International Child Abduction aims to protect children from being wrongfully removal or retained in a country other than their own and to establish procedures to ensure their prompt return to their country of habitual residence.
Laudable though these goals are, they are subject to the nuances of the interpretations given to the law in the numerous courts around the world. How the courts of this and other countries deal with the various aspects of the Hague Convention can be cause for confusion even for experts in the field, let alone for the attorney who deals with very few of these cases. Although a comprehensive analysis is beyond the scope of a single article, in this and the next two months' newsletters we will offer a broad overview of the subject to help legal practitioners understand the basic issues, discover what questions to ask and learn where to look for more information.
The Law in the U.S. and Beyond
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 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.