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Parents embroiled in custody disputes are often ordered to submit to a psychiatric evaluation, which the court may later consider in making its ultimate decisions. Because of the sensitivity of this type of exam, some attorneys or their clients will deem it imperative that the examinee's attorney be present. As we saw in Part One of this discussion, most of these requests are honored without opposition. Even when an opposing party or the doctor who will conduct the examination complains that no third party should be permitted to attend, courts in New York have generally allowed those undergoing physical or psychological exams to bring their lawyers into the examination room with them. The trial court in M.A.M. v. M.R.M., 2012 N.Y. Misc. LEXIS 5644; 2012 NY Slip Op 52299U, analyzed the common readings of New York precedent and found it prudent to bar an attorney from sitting in while his client was examined in conjunction with a child custody case. We continue our discussion of the rationales behind this decision herein.
New York State Precedent: Many Views
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.
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.
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.
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.
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.