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Court Watch
Franchisees' Malicious Prosecution and Abuse of Process Claims Against Franchisor Properly Dismissed
In the most recent chapter of a dispute that has been ongoing for at least 7 years, the Appellate Court of Illinois ruled that the Madison County Circuit Court properly dismissed the claims for malicious prosecution and abuse of process made by a number of Subway sandwich shop franchisees against Subway franchisor Doctor's Associates, Inc., and its two co-owners. Reed v. Doctor's Associates, Inc., ___ N.E.2d___, 2005 WL 497837 (Ill.App. 5 Dist.).
This action was commenced in or about May 1998, when more than 50 named Subway franchisees, on behalf of themselves and all other similarly situated past or present Subway franchisees, filed a three-count complaint against Doctor's Associates and its co-owners seeking class action certification, damages for alleged breaches of franchise agreements and violations of the Illinois Franchise Disclosure Act (“IFDA”), and a judgment declaring the arbitration clause in the franchise agreements to be void and unenforceable. Many of these same franchisees also were named plaintiffs in two other Madison County actions alleging breach of the Subway franchise agreements and seeking class certification.
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?