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COURT WATCH
Franchisor Did Not Commit Fraud Concerning Transfer Approval
The Kentucky Court of Appeals has recently affirmed a trial court's decision to grant summary judgment in favor of a franchisor against the purchaser of one Holiday Inn hotel franchise where the purchaser alleged that it purchased the franchise based on the franchisor's oral representations that it would approve the transfer unconditionally, but the franchisor later conditioned approval on renovation of the hotel. Rivermont Inn, Inc. v. Bass Hotels and Resorts, Inc. and Holiday Hospitality Franchising, Inc., 2003 WL 1786650 (Ky. App. 2003).
Rivermont Inn, Inc. ('Rivermont') purchased an existing Holiday Inn hotel in Louisville, KY, from one of Bass Hotels and Resorts, Inc. ('Bass') and Holiday Hospitality Franchising, Inc.'s ('Holiday') existing franchisees. (Rivermont already operated another Holiday Inn franchise in Indiana.) Rivermont intended to continue to operate the hotel as a Holiday Inn. However, the franchise agreement for the location provided that, although the franchises were transferable, Holiday had the right to approve or disapprove of the transfer.
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.
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 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.
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?