Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Jurisdiction Considerations in French/U.S. Divorce
The international mobility of spouses and the increase in binational couples (sometimes with each spouse having dual citizenship) has heightened the jurisdictional questions at stake during a divorce: One spouse may enjoy advantages over the other, depending on which jurisdiction handles the matter. The first reaction international divorce lawyers have, then, when dealing with mobile or dual citizen couples is to be the first to file a petition with the national court of choice.
The advantages found in one jurisdiction over another could stem, for example, from the level of maintenance typically awarded or the conflict of law rules used by such jurisdiction to determine the matrimonial property regime (separation of assets, separation of assets with equitable distribution, civil law community property, etc.). In Europe, the race for jurisdiction is so neck-and-neck that counsel can be found liable if the court clerk fails to specify the hour the petition was filed in addition to the date. Cour de cassation [French Supreme Court], 1st civil chamber, 11 June 2008, No. 06-20.042. Being the first to file enables the most diligent spouse to invoke the rule of lis alibi pendens, which allows the court petitioned second to refuse to exercise jurisdiction when facing parallel litigation in another country. This refusal is mandatory for courts of Member States of the European Union when the court petitioned first is situated in a fellow Member State. (Article 19 of the Brussels II bis Regulation of November 27th 2003, clearly states that “where proceedings relating to divorce, legal separation or marriage annulment between the same parties are brought before courts of different Member States, the court second seized [petitioned] shall of its own motion stay its proceedings until such time as the jurisdiction of the court fist seized is established.”)
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.
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.
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.