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News Briefs
Weight-Loss Franchisor Settles California Lawsuit
A California franchisor of weight-loss programs has settled civil lawsuits filed by district attorneys in two California counties by agreeing to consumer refunds, a fine of $40,000, and changes in how it promotes weight-loss franchises to potential franchisees.
Cos-Medical Inc. and Cos-Medical International Inc. (Santa Clara, CA) offer “body wraps” that they claim can help people lose weight and have firmer bodies. When a few customers complained that the body wraps did not work and that Cos-Medical resisted refunding their money, district attorneys in Santa Clara County and Orange County investigated and eventually filed a lawsuit. “This began as a customer complaint, but when we investigated we also saw advertising material that we believed made claims they could not substantiate about the number of customers that a franchisee could expect,” said Michelle Cipolletti, Orange County Deputy District Attorney. “In fact, they could not substantiate their [franchisee revenue] claims.”
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?