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Dictating or Encouraging Franchisee Pricing
A price charged by a franchisee that is too low can adversely affect other franchisees and the franchisor by discouraging the provision of pre- and post-sale services, eroding brand image and jeopardizing the ability to introduce new products by depressing price points. Although relatively rare, a franchisee also may cause marketplace problems by charging too high a price for an attractive, new product in great demand. In addition, wide variations in resale prices among franchisees may make it difficult to implement effective national or regional price advertising.
In the United States, there are two primary methods to address concerns over prices that are outside a desired range ' resale price setting and resale price encouragement.
A key question in each situation (and beyond the scope of this article) is whether there are any specific regulatory parameters ' apart from the general antitrust concerns discussed here ' that limit a supplier's ability to take action on vertical pricing issues. For example, are there franchisee, distributor or dealer protection statutes that limit supplier flexibility? (See, e.g., the Wisconsin Fair Dealership Law (WIS. STAT. '135), which prohibits termination or a change in competitive circumstances of a franchisee, distributor or dealer without cause and opportunity for cure.) Or do federal or state statutes otherwise regulate pricing in the industry involved? While not a regulatory matter, are there limitations in the franchise or distribution contract that ban or inhibit resale price initiatives?
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?