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What's New in the Law
Finance Companies' Rights to Collect
The CIT Group/Equipment Financing, Inc. v. Brown County, Ohio, 2014 WL 7014658 (Ohio App. Dec. 15, 2014)
After a county hospital defaulted under its lease of hospital equipment, the lessor sued the county. Although the lease had been signed by the president of the hospital and authorized by the hospital's board of trustees, this appellate court affirmed a lower court's ruling that had granted summary judgment in favor of the county. The court held that no agency relationship had been established between the county and the hospital's board of trustees inasmuch as the statute creating the hospital does not expressly grant the board the authority to bind the county and subject its general fund to payment of hospital contracts, and that even if some implicit agency relationship were demonstrated, the proper procedures to bind the county had not been satisfied.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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.