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NJ & CT News
NEW JERSEY
Sex Abuse Findings Are Publishable Only to Enumerated Entities
In New Jersey Division of Youth and Family Services v. P.H. And J.C., A-0939-11T3, New Jersey's Appellate Division declared that the Division may only notify those persons and entities specifically identified in Titles 9 and 30 of a finding that a person has sexually abused a child. Because churches are not listed in those statutes, the appeals court found it was error for a lower court to allow the Division to notify a church that a man the church wished to hire as a youth pastor has a history of child sexual abuse.
Appeals Court: Mother Abused Child by Taking Prescribed Medication
A New Jersey appellate court has determined that an expectant mother who takes doctor-prescribed methadone during her pregnancy can legally be held responsible for child abuse in that state for exposing her unborn child to a dangerous and addictive drug. DYFS v. Y.N., A-5880-11. The case brings up several questions, including these: Should an unborn child's welfare to be protected over a pregnant woman's health, and what duty does a physician owe to his patient's fetus?
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?