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Protective Orders
When a person is contemplating obtaining a civil protection order barring a spouse or other family member from making contact with him or her, that person has relative control over the situation: The victim can seek an order of protection or forgo it. If he or she opts for the former but decides later on that the abuser should not be required to stay away, the action seeking an order of protection can be discontinued or, if an order has already been issued, the victim can go back to the court to ask that it be changed or abolished. But how much say does the victim have when a protective order is issued in his or her favor as part of a criminal proceeding?
Two Requests, Two Outcomes
In the recently decided People v. Lightfoot, 2014 N.Y. Misc. 1176 (2d Dept. 3/10/14) (Nicolai, P.J., Iannacci and Marano, JJ.), the defendant husband was charged with harassment in the second degree, in accordance with Penal Law section 240.26 (1), for slapping his wife's face. At his arraignment on the criminal charge on Aug. 3, 2011, the court ordered the man to stay away from his wife. Despite this, he threatened his wife with physical violence on Aug. 20, 2011. This behavior led to a charge of criminal contempt in the second degree under Penal Law section 215.50 (3). (He was also charged at that time with other minor offenses.) On Sept. 16, 2011, the defendant pleaded guilty to the criminal contempt and harassment charges.
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.
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?
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.