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Decisions of Interest
Chief Judge Kaye Sues to Force Pay Raise for Judges
On April 10, Chief Judge Judith S. Kaye filed a lawsuit in Manhattan Supreme Court against the state to attempt to force the legislature and the governor to give state judges a pay raise. The move came a day after the legislature failed once again to raise judges' pay when passing the year's state budget. Although they did write in a pay raise, retroactive to Jan. 1, 2008, the state's legislators failed to appropriate funds for it, rendering the raise a phantom promise. With pay remaining stagnant since the last pay raise, in 1999, the complaint charges that judges have seen their income decrease by 26%, due to inflation. The argument, therefore, is that the legislature, in failing to secure raises for the judiciary, has violated the state's constitution, which prohibits diminishment of judicial pay. The complaint also charges that the legislature's failure to act jeopardizes its constitutional obligation to provide for an independent judiciary.
In a message sent to the state's judges the day of the filing, Chief Judge Kaye and Chief Administrative Judge Ann Pfau said they now had 'no choice but to take legal action.' Continuing, they said, 'It is regrettable that we are forced to bring this lawsuit to achieve a just result. We pledge to prosecute this matter vigorously and to do everything in our power to achieve a speedy resolution.' Representing Judge Kaye is former White House counsel Bernard W. Nussbaum. The latter, a litigation partner at Wachtell Lipton Rosen & Katz, is handling the case on a pro bono basis.
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.