Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
COURT WATCH
Franchisor's Internet Sales Do Not Violate Exclusive Territory
An American Arbitration Association Panel in Minneapolis, MN, has ruled that H&R Block, Inc., a tax preparation service franchisor, did not violate a franchise agreement by offering tax preparation services over the Internet, even though some customers were within the franchisee's exclusive territory. In the Matter of Arbitration Between Franklin 1989 Revocable Family Trust, Claimant, and H&R Block, Inc., Respondent (AAA, Minneapolis, Minnesota, Case No. 16114005401) (2002). The case is summarized in the CCH Business Franchise Guide. Bus. Franchise Guide (CCH) 12,473.
According to CCH's summary opinion, an H&R Block franchisee moved for injunctive relief to preclude its franchisor from servicing customers in the franchisee's exclusive territory. The franchisee claimed that under its franchise agreement with H&R Block, H&R Block was prohibited from 'operating from a location' in the franchisee's exclusive territory. The panel interpreted that provision to mean that H&R Block's Internet services could not 'unreasonably intrude on the franchisee's operations.' According to the summary opinion, 'so long as the franchisor's Internet services did not unreasonably intrude on the franchisee's brick-and-mortar operations, the franchisor was not operating in violation of the franchisee's territorial exclusivity.'
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?