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New York Allows Same-Sex Marriage, While National Case Law Evolves
New York's legislature's decision to permit same-sex partners to marry within the State came June 24, after a nail-biting lead-up. For weeks, many questioned whether the measure would come to a vote at all, and whether enough Republican senators could be persuaded to vote in favor, along with the majority of Democrats (only one Democrat, the Bronx's Ruben Diaz, voted against it). The bill passed after provisions were made to protect religious institutions from being sued or penalized by the State for declining to perform same-sex weddings or permit them to take place in their facilities. The legislation also contains a non-severability clause, which says that if any portion of the law is judicially declared invalid, the entire law will become invalid. This will prevent courts from declaring the religious institution exemptions unlawful while upholding the right of same-sex couples to marry in New York.
The law went into effect 30 days after passage, on July 24, and at press time, wedding plans were being made statewide and beyond (the law allows out-of-state same-sex couples to wed in New York). New York is now the Sixth and largest state to allow same-sex partners to marry; the others are Connecticut, Iowa, Massachusetts, New Hampshire and Vermont. Same-sex marriages may also be entered into in the District of Columbia.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.