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Court Watch
Franchisor Could Be Liable for Franchisee Negligence Under Actual Agency Theory
A Florida appellate court has ruled that a franchisor may have been liable for the negligence of its franchisee and the franchisee's employee under the theory that the franchisee was an actual agent of the franchisor. Patricia M. Font, et al. v. Stanley Steemer International, Inc., CCH Bus. Fran. Guide Par. 12,611 (Fl.Dist.Ct.App. 2003).
After Howard Font was killed in a collision with a van driven by an employee of a Stanley Steemer carpet cleaning franchisee, his estate sued Stanley Steemer as well as the franchisee and its employee, alleging that Stanley Steemer was vicariously liable for the negligence of the franchisee or the employee based on actual or apparent agency. The lower court granted Stanley Steemer's motion for summary judgment on the agency issue, and the plaintiff appealed. The Florida appellate court reversed the lower court's decision.
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?