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What Class Action Reform Means to the Franchising Industry
Franchise attorneys say that the new federal Class Action Fairness Act of 2005 (“CAFA”) will be beneficial to franchisors, but they do not predict that the new law means the end of class action litigation between franchisors and franchisees, nor by consumers or employees against franchise systems. In fact, some attorneys suggest that CAFA might result in more litigation, as plaintiffs file lawsuits in individual states rather than seeking national class action status through a case brought before a state court.
President Bush signed CAFA (109 P.L. 2, 119 Stat. 4 (2005)) on Feb. 18. In an effort to generate more consistency in class action rulings, the new law gives federal courts jurisdiction over multistate class actions (with a few exceptions) and makes it easier for defendants to move class actions from state courts to federal courts. In an effort to end the settlements that provide large fees to attorneys and trivial compensation to plaintiffs, the new law increases judicial supervision over settlements and requires notice to certain federal and state officials prior to settlement.
“This is a much-needed reform,” said Dwight Davis, partner, King & Spalding (New York). “If you are going to have class actions, they should be at the federal level, where you will get more consistent rulings. But this is not the end of class actions. Class actions will still get filed, and legitimate claims will get certified.”
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?