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Q&A with Steven Toporoff, Franchise Program Coordinator, FTC
Part One of a Two-Part Series
No one in the federal government is more closely associated with the New Franchise Rule ('New Rule' or 'amended Rule') than Steven Toporoff, franchise program coordinator, Federal Trade Commission ('FTC'). Since the review process began more than a decade ago, Toporoff has fielded comments about how the Commission can improve franchising regulations for the benefit of franchisors, franchisees, and prospective franchisees. Now, with the New Rule released in final form, Toporoff has the dual challenges of educating the franchise industry and consumers about the new provisions, while also ensuring compliance with its standards. In this Q&A, FBLA speaks with Toporoff about what the New Rule contains (and does not contain), and how the FTC is reaching out to the franchise industry to ensure a smooth transition over the next 16 months.
Editor's Note: The views expressed in the following Q&A are those of Steven Toporoff and do not necessarily reflect those of the Federal Trade Commission or any individual Commissioner.
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?