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The Enforceability of Automatic Orders
The purpose of the Administrative Rules at Title 22 of the New York Code of Rules and Regulations (NYCRR) is clearly to assist in the implementation of court policy and administration, as is set forth in the Preamble of the Rules of the Chief Judge: “The purpose of these standards and policies is to assign and regulate administrative authority in a complex, multi tiered court system.” Rules of the Chief Judge, Part 1. Standards and Administrative Policies: General; 22 NYCRR ' 1.0. The general powers and duties of the Chief Administrative Judge are to “supervise on behalf of the Chief Judge the administration and operation of the unified court system” and, as relevant to the issue at hand, “adopt administrative rules for the efficient and orderly transaction of business in the trial courts, including but not limited to calendar practice, in consultation with the Administrative Board of the Courts or the appropriate Appellate Divisions.” Rules of the Chief Judge, Part 80. Administrative Delegation Number 1: Chief Administrator of the Courts: General Powers and Duties; 22 NYCRR ' 80.1
The Rules of the Chief Administrative Judge ' referencing items that were governed prior to the establishment of Chief Administrator of the Courts ' are required to be consistent with the powers designated under the Rules of the Chief Judge. They state in part: “All administrative regulations, rules, orders and directives for the efficient and orderly transaction of business in the trial courts or the administrative office for the courts in effect on March 31, 1978, adopted pursuant to authority subsequently transferred to the Chief Administrator of the Courts in accordance with article VI, section 28(b) of the Constitution, including but not limited to calendar practice, establishment of hours, terms and parts of court, assignments of judges and justices to them, and designations of administrative judges, are continued in effect until superseded, repealed or modified” (emphasis added). Rules of the Chief Administrator of the Courts, 22 NYCRR ' 103.1.
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.