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News Briefs
Trial Court Allows Wives of Snap-on Dealers to Sue
In a legal opinion that potentially has implications for many franchisors, a New Jersey trial court judge has ruled that the wives of Snap-on Tools franchise dealers have an independent legal right to sue the franchisor in court before a jury. The judge ruled that because the wives did not sign the UFOC, they are not bound to bring their claims before the American Arbitration Association, as outlined in the franchise agreement. The wives are suing for economic and emotional losses they claim to have incurred while supporting their husbands' Snap-on Tools franchises.
“Non-signatories cannot be bound to arbitrate unless under traditional principles of contract and agency law they are equated to a signatory of the underlying agreement,” wrote New Jersey Superior Court Judge Mathias E. Rodriguez in his decision. “Since the plaintiffs [in this case] are not signatories to those agreements, they may not be compelled to arbitrate.” He added that the wives are not third-party beneficiaries to the agreement (which would possibly have required them to arbitrate), and they are not “equitably estopped” from denying an obligation to arbitrate.
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?