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COURT WATCH
Procedural Matters Rule in Several Recent Franchisor-Franchisee Disputes
Bring back the days when the reported decisions were filled with cases concerning disputes over the quality of the franchise system and whether the parties had complied with their respective obligations to make the franchise relationship work. A seagull's view of the recent decisions involving franchise relationships suggests that even though most of the text of a franchise agreement is devoted to describing the parties' rights and obligations relating to the granting, construction, and operation of the franchise, when the franchise relationship becomes fractured, the field of battle more often than not moves not to the substantive relationship of the parties, but to what might be termed the legalese portions of the franchise agreement and procedural matters ' arbitration, jurisdiction, statutes of limitations, whether preliminary injunctions should be granted, choice of forum, and choice of state law ' to name only a few of these non-substantive issues. The meat of the franchise relationship becomes secondary. The cynic in our audience might say that the sideshows at the circus have moved to center ring.
Arbitrator Bias at Issue for Subway Dispute
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?