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Court Watch
Franchisor Did Not Breach Contract and Franchisees Had Duty to Pay Fees
The U.S. District Court for the Western District of Kentucky has ruled that restaurant franchisor KFC Corporation did not breach its franchise agreement with franchisees as claimed, and that the franchisees were liable for their unpaid royalties and advertising fees. KFC Corporation v. Robert H. Mott, __ F.Supp.2d __, 2003 WL 22709071 (W.D.Ky. 2003).
In an action against a number of its franchisees, KFC moved for partial judgment on the pleadings. KFC sought judgment on its claims of: 1) breach of franchise and advertising agreements by two of the franchisees; 2) breach of a promissory note by another franchisee; and 3) breach of personal guarantee agreements by Robert and Phyllis Sherita Mott, the owners of the franchisee entities. KFC contended that the defendants admitted liability with respect to these claims and admitted that KFC suffered damages in the approximate amount claimed by KFC.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?