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Belgium Implements New Franchise Disclosure Law
The tide of franchising regulation continued to sweep across Europe as Belgium brought its new franchise disclosure law into effect.
After several years of contemplating a wide variety of proposals ' some bordering upon the bizarre ' the Belgian Parliament decided to follow the lead of France and Spain by requiring franchisors to make formal pre-contractual disclosure to their potential franchisees 1 month before entering into the franchise agreement. The new franchise law came into force on Oct. 18, with retrospective effect from Sept. 1, 2005.
The new law requires franchisors to deliver a formal disclosure document to potential franchisees 1 month before the franchise is signed. Failure to do so will potentially render the franchise agreement unenforceable. The law sidesteps the problems posed by attempting to define franchising by referring to “commercial partnerships” instead. These are defined as “agreements made between two persons, each of whom is acting in his/her own name on his/her own behalf, by which one person grants to the other, in return for a consideration of any nature whatsoever, whether directly or indirectly, the use of one or more commercial formulae for the sale of goods or the provision of services in one or more of the following forms: a common sign; a common trade name; the transfer of know-how; commercial or technical assistance.” One wonders whether this means that franchise agreements with third-party guarantors will fall outside of this definition. If so, this is quite a loophole. One assumes that it means “at least two people.”
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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?