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Court Watch
Without a Franchise Fee, Dealership Is Not a Franchise
If you're not paying a franchise fee, you're not a franchisee. The Court of Appeal for the First District of California drove that point home when it held that a vehicle and trailer rental business owned by plaintiff/appellant Thueson and operating as local agent and dealer for U-Haul did not pay a franchise fee and, therefore, was not a franchisee. Thus, U-Haul's termination of the parties' dealership contract did not violate either the California Franchise Investment Law ('CFIL') or the California Franchise Relations Act ('CFRA'). Thueson v. U-Haul Int'l, Inc., et al., Business Franchise Guide '13,459 (Nov. 3, 2006).
On Oct. 23, 1997, Thueson entered into a written dealership contract with U-Haul under which Thueson rented to the public various U-Haul vehicles and related items. Thueson collected rental fees from customers, which he forwarded to U-Haul in exchange for commissions on each rental. The contract provided for termination by either party on 30 days notice, with or without cause, and Thueson was not required to pay any direct fees to U-Haul.
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?