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News Briefs
GNC, Franchisees Continue Court Battles
More than 350 franchisees of vitamin-store chain General Nutrition Centers, Inc. (GNC) have banded together as the GNC Franchisee Association, Inc., in order to sue the company for misuse of advertising and reset fees and predatory pricing. The lawsuit, filed in May 2003, indicates that the settlement of three class action lawsuits against GNC in 2001 did little to end the bad blood between the company and its franchisees. GNC and its corporate parent, the Dutch firm Royal Numico NV, are named as defendants.
The latest lawsuit was filed in Superior Court in New Brunswick, NJ, and was transferred to the U.S. District Court for the Western District of Pennsylvania in August. At a case management conference in September, the judge asked both parties to submit briefs about a possible change in venue back to New Jersey or elsewhere.
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?