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Court Watch
Arbitration Award Set Aside, But Under Very Unique Circumstances
There are several reasons why both franchisors and franchisees like arbitration. One of them is finality. After the arbitration award is rendered, the likelihood of a successful appeal from the decision is minimal. But minimal and impossible are two outcomes that are nevertheless distinct, as demonstrated in the currently unreported decision, Twin Cities Galleries, LLC v. Media Arts Group, Inc. No. 02-2013 2006 WL 334908 (D. Minn., Feb. 13, 2006).
The salient issue in Twin Cities centered upon choice of law. The petitioners-franchisees apparently were located in Minnesota, and the respondents (a franchisor and its officers or directors) were located in California. The parties had selected by contract for California law to control. The arbitration panel decided that it would honor the contractual agreement and therefore refused to recognize the importance of the Minnesota Franchise Act, which expressly states:
[A]ny condition, stipulation or provision, including any choice of law provision, purporting to bind any person … acquiring a franchise … to waive compliance or which has the effect of waiving compliance with any provision of [the Minnesota Franchise Act] or any rule or order thereunder is void.
The arbitration panel consequently refused to hear certain evidence as to whether the relationship between the parties was a franchise and ultimately dismissed all of the franchisees' claims brought under the Minnesota Franchise Act.
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?