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COURT WATCH
Franchisee's Fraud Claim May Proceed Despite Release
The California Court of Appeal (Second District) reversed an order of the trial court that granted summary judgment in favor of a franchisor against a claim by a former franchisee for failing to disclose in its Uniform Franchise Offering Circular that one of the franchisor's officers was barred from selling franchises in the State of California pursuant to a cease-and-desist order issued by the California Department of Corporations. Sferrino v. Custom Food Franchise Group, 2003 WL 289488 (Cal. Ct. App. 2003).
In 1999, Sferrino bought a Love's restaurant franchise from Custom Food Franchise Group (CFG). Under the franchise agreement, Sferrino was required to pay royalties of 6% beginning in the second month of the agreement. Later that year, CFG agreed to reduce the royalties to 3% for the first 6 months of operation and 4% for the next 6 months in exchange for Sferrino's agreement to enter into a mutual release.
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?