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News Briefs
GNC Franchisees Sue for Predatory Pricing
Franchisees of General Nutrition Companies, Inc. (GNC, Inc.) filed a lawsuit in Federal District Court in Newark, NJ, alleging “predatory pricing,” an illegal change in the franchisor's policy toward the use of third-party suppliers, and unfair application of store appearance standards. GNC, Inc., based in Pittsburgh, sells vitamins and herbal supplements through both franchised and company-owned stores.
“The primary issue is predatory pricing … violations of the Robinson-Patman Act … under which products are sold by company-owned stores at prices that are below wholesale prices available to franchisees,” said Gerald Marks, an attorney based in Red Bank, NJ, who is representing the GNC franchisees. “We will probably soon seek an injunction to prevent GNC from predatory pricing.”
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?