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COURT WATCH
New Jersey Consumer Fraud Act Applies to the Acquisition of a Franchise
The Appellate Division of the Superior Court of New Jersey has recently held that the New Jersey Consumer Fraud Act (the 'Act') applied to the acquisition of a franchise from a franchisor that acquired its franchisees from general advertising over the Internet. Kavky v. Herbal Life International of America, _____ N.J. Super _____, 2003 WL 1918411 (A.D. 2003).
Steven Kavky became an Herbal Life distributor in January 2000 after he responded to Herbal Life's Internet advertisement. Herbal Life used general advertising over the Internet to solicit distributors for a variety of products that it sells in the United States. Its offer was to make anyone a distributor in return for $85 and to provide 'pre-paid retail internet customers' at $8.50 per customer.
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.
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.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?