What happens in New York when in the absence of a CPL, the attorney to whom the lender forwarded the funds that were intended to fund a mortgage, misappropriates the lender's funds? Two cases are directly on point.
Alton L. Abramowitz, Leigh Baseheart Kahn
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Atty K. Bruggemann
The message to those attempting to fix their post-divorce support obligations in a prenup negotiated and executed prior to the marriage is to be thoughtful, to be thorough, and to fully contemplate the full panoply of events that might occur between marriage and divorce to affect a party's ability to support himself or herself in the event of a divorce.
Determining the value of a business owned by one or both parties to a divorce is a complicated matter. Who is qualified to appraise such a business interest in the context of equitable distribution? How will the appraisal be conducted? And what can you expect to learn from the expert's report?
In June, Southern District Judge Barbara Jones had declared in <i>Windsor v. United States</i> that DOMA is an unconstitutional violation of the equal protection clause, concluding the law bore no relationship to the preservation of marriage. On Oct. 18, the Second Circuit announced its agreement.
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.
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.
Internet interviewing will undoubtedly become the norm over the next decade. Being familiar with the ways to enhance its reliability and validity will be necessary to create scientifically valid, controlled, and reliable studies that can be used in Lanham Act litigation.
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 doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale — especially since it included a new and controversial foreseeability test in its analysis for estoppel.
