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Court Watch
Arbitration Forum Selection Clause Upheld By Federal Court
In a case spanning the width of the country, a Seattle-based franchisor had to defend its arbitration forum selection clause from attack by a former franchisee. Gill v. World Inspection Network International, Inc., 2006 WL 2166821 (E.D.N.Y. July 31, 2006).
Timothy Gill operated a World Inspection Network ('WIN') franchise in New York for 5 years. In the process of becoming a franchisee, Gill received a fairly typical array of documents from WIN, including a Uniform Fran-chise Offering Circular and a proposed franchise agreement. The franchise agreement said that all disputes (with limited exceptions not relevant to the court's decision) regarding the franchise relationship were to be resolved by arbitration. The arbitration clause in the franchise agreement specifically identified as arbitrable disputes any disagreement over the validity of any portion of the franchise agreement itself. The franchise agreement specified that the arbitration would take place in King County, WA.
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?