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State's Recognition of Foreign Same-Sex Marriages Moves One Step Further
The Court of Appeals said in Hernandez v. Robles, 7 NY3d 338 (2006), that the State of New York did not violate its own constitution when it refused to allow gay marriage within the state. Although the decision squashed a lot of hopes in the gay and lesbian community, there remained the possibility that out-of-state marriages of this type might be granted recognition here. So, despite the fact that nothing was guaranteed, many couples made the trip to Massachusetts (for the short time that that state allowed them to) or to Canada to take their vows.
Now, New York's courts are gradually building up a string of cases to answer the question that hung so ominously over those out-of-jurisdiction marriages: Would they be recognized here? And the answer, so far, is, 'Yes.'
First came February's Martinez v. County of Monroe, 1562. 2008 NY Slip Op. 00909 (4th Dept., 2/1/08) (Hurlbutt, J.P., Martoche, Fahey, Peradotto and Green, JJ.), in which the Fourth Department held that an employer's refusal to extend health care benefits to an employee's same-sex spouse, whom she had legally married in Canada, rendered the employer guilty of violating Executive Law 296(1)(a), which prohibits discrimination in the workplace on the basis of sexual orientation.
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.