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Movers & Shakers
Nixon Peabody LLP partner Andrew P. Loewinger has been elected as the new chair of the International Bar Association's International Franchising Committee. He will chair two programs on international franchising, including one at the IBA's annual meeting in October 2013. Previously, he was vice chair of the International Franchising Committee of the IBA. Loewinger concentrates his practice on domestic and international corporate, intellectual property, regulatory, and transactional issues.
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Nixon Peabody has also announced that Keri McWilliams joined its Washington, DC, office in March as an associate; most recently, she was an associate with Fredrikson & Byron, P.A. McWilliams has worked with numerous franchises on compliance, registrations, sales counseling, and related issues, but she also is an experienced general commercial litigator (copyright, trademark, and other intellectual property disputes, breach of contract, non-competition disputes, and more).
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On Feb. 1, two experienced franchise attorneys joined Gray Plant Mooty's office in Washington, DC: Jan S. Gilbert left Haynes and Boone, LLP to join GPM as a principal; he will handle a wide range of transactional matters for franchisors. Mark A. Kirsch left Plave Koch PLC to become a principal at GPM; his transactional experience includes advice for numerous private-equity-backed deals related to the acquisition, sale or combination of franchise systems.
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Adele Vespa has joined Realogy Corporation as vice president and general counsel for Coldwell Banker's residential and commercial franchise companies.
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On Feb. 1, two experienced franchise attorneys joined
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.