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Court Watch
Failure to Disclose Under FTC Rule May Make Agreement Unenforceable
The U.S. District Court for the Eastern District of Pennsylvania has ruled that a letter agreement may have been unenforceable if the franchisor failed to comply with the FTC Franchise Rule by making required disclosure before the agreement was signed. Checkers Drive-In Restaurants, Inc. v. Benjamin Laster, et al., __ F.Supp.2d __, 2003 WL 22133836 (E.D.Pa. 2003).
Checkers, the franchisor, moved for summary judgment on its claims for breach of contract, alleging that the franchisee failed to make payments required under a letter agreement between the parties that authorized the franchisee to operate 17 Checkers restaurants. The franchisee cross-moved for summary judgment, arguing that the franchisor's failure to provide disclosures required by the FTC Franchise Rule rendered any agreement void and unenforceable. The franchisor disputed the applicability of the FTC Franchise Rule, and also contended that it had given the required disclosure.
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?