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Changes Recommended to Australian Franchising Legislation
The change of federal government in Australia on Sept. 7, 2013 has created some uncertainty in relation to the changes to the Franchising Code of Conduct (the Code) that were expected to result from a recent comprehensive review of the Code.
Incoming Federal Small Business Minister Bruce Billson has indicated that no action will be taken in relation to the Code prior to the end of the year, and that he intends to consult widely before considering any changes. Minister Billson is understood to be broadly supportive of the thrust of the Code recommendations, although in some areas he may consider further reforms to be desirable. An important complicating factor is that Billson has indicated he intends to proceed with legislation to prohibit unfair contractual provisions in standard form agreements. He has refused to rule out the application of such provisions to franchise agreements. No detail has been provided about how such provisions would be enacted. Similar reforms were introduced to the Australian Consumer Law in relation to consumer transactions. It is possible the government might seek to extend the application of these provisions to business transactions, although such an initiative is likely to be widely opposed by the business community.
Comprehensive Review of the Code Completed
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?