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Court Watch
The Instrumentality Test For Determining Franchisor Vicarious Liability
Franchisor vicarious liability for alleged franchisee wrongdoing has been widely litigated for many years. However, two recent cases provide a fresh look at this issue and help to clarify the rationale and application of the “instrumentality test” commonly used to determine franchisor vicarious liability.
In Depianti v. Jan-Pro Franchising, Intl, Inc., Bus. Franchise Guide (CCH) ' 15,069 (Mass. Sup. Jud. Ct. June 17, 2013), the Massachusetts Supreme Judicial Court held that a franchisor may be vicariously liable for the conduct of a franchisee only when the franchisor controls or has the right to control the specific policy or practice which has caused the harm to the complaining plaintiff. More specifically, the court adopted the instrumentality test as the applicable standard to determine franchisor various liability in Massachusetts.
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?