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With the explosion of e-commerce and the easy availability of often free information on the Internet, franchisors have the ability like never before to expand their businesses into global markets.
As a result, a steadily growing number of franchisors are entering emerging markets such as China, Japan, Brazil and Russia. While the rapid growth into these markets has increased franchisors' revenues and brand awareness, it also has added a layer of complexity and risk in monitoring franchisee compliance with the terms of the franchise agreement. At a time when compliance is of paramount importance, it is critical that the franchisor enforces its rights under the franchise agreement and that the franchisee understands the contractual obligations to which it will be held accountable. Unfortunately, monitoring compliance with franchise agreements is too often overlooked, and franchisors run the risk of not capturing the revenue to which they are entitled, and of damaging the reputation of the franchise.
Typical Franchise Agreement Elements
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 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.
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.
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.
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?