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News Briefs
Prospective Quizno's Franchisees Sue for Deceptive Practices
At least 24 prospective New Jersey Quizno's franchisees have filed a lawsuit in Superior Court of New Jersey, Middlesex County, alleging “deceptive recruitment practices” and “failure to deal in good faith.” The franchisees charge that Quizno's accepted their franchise fees as long ago as 3 years, but have not provided locations for them to open restaurants. According to their attorney, Justin M. Klein, Marks & Associates, Esqs. (Red Bank, NJ), Quizno's has refused to return any portion of the franchise fees, and the company is now threatening those franchisees with termination.
“Quizno's rode the high tide of franchising … and is using people who were looking to get ahead in life and own their own business,” Klein told FBLA. “My perspective is that Quizno's wanted to be able to promote itself as a fast-growing franchise, so it sold franchises without regard to whether a franchisee actually could open a site in the territory it was given.” Klein speculated that Quizno's difficulties have arisen from a misjudgment of its ability to compete with popular fast-casual restaurants like Panera Bread Bakery, rather than quick-service restaurants like Subway and Blimpie's.
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.