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e-Disclosure After the FTC Rule Amendments
Whatever qualms there may have been about e-disclosure should, with the release of the FTC's amended Franchise Rule, be resolved. Let the record be clear: The Federal Trade Commission ('FTC') has removed all doubt with respect to e-disclosure ' it is now officially sanctioned. Whatever concern there may have been, at this stage, is a matter of history.
In its Statement of Basis and Purpose, published with the newly amended Franchise Rule, the FTC spoke plainly on the topic:
[T]he final amended Rule also promotes efficiency and reduces compliance costs by enabling franchisors to use their own judgment in deciding how to disseminate disclosure documents. For example, part 436 permits franchisors to furnish disclosures electronically through a variety of media, including CD-ROM, Internet website, and email.
(FTC Statement of Basis and Purpose, at 22 (Jan. 23, 2007). This document has not yet been published in the Federal Register, but it is available at www.ftc.gov/opa/2007/01/franchiserule.htm.)
Thus, the FTC made clear, once and for all, that e-disclosure is permitted ' at least once the new Rule takes effect. The rules for providing e-disclosure are not all that difficult, and an analysis of this area involves looking at more than just the FTC Rule.
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?