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Policy Outlook
Troy Flanagan, director of government relations for the International Franchise Association, recently discussed with FBLA many of the critical federal policy and economic issues that are affecting the franchising industry. Flanagan will present the IFA's perspective on federal and state legislative and regulatory developments in his Government Update session at the IFA Legal Symposium in Washington, DC, on May 16-18.
FBLA: From your perspective, what's the “state of the franchising industry” as the country is trying to pull out of a deep recession?
Flanagan: Franchising, like the rest of the economy, is on the slow path toward recovery. The Franchise Business Economic Outlook for 2010, prepared by PricewaterhouseCoopers LLP for the International Franchise Association's Educational Foundation, forecasts that the number of business-format franchise establishments will increase in 2010 by 2%, from 883,292 to 901,093 ' a net gain of nearly 18,000 establishments. Jobs in franchise businesses are expected to grow 0.4% for a gain of 36,000 jobs after losing more than 400,000 jobs in 2009. Overall economic output, the gross value of goods and services produced by franchise businesses, is forecast to increase 2.8% to $868.3 billion ' an increase of $23.6 billion in 2010.
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.