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Domino's Challenges Joint Employer Liability for Franchisors
After more than three years of litigation, delivery workers for four Domino's pizza restaurants in Manhattan are receiving payments for unpaid wages. The payments of nearly $1.3 million began in January and are divided among approximately 60 delivery workers. The case involves a rare situation: While the original lawsuit was against a franchise and individual franchise owners and managers, Domino's Pizza Inc., the international corporation, was successfully added to the lawsuit in a motion to amend seeking liability of Domino's as a joint employer. While rare, the case applied well-settled principles of joint employment under wage and hour law to bring in the franchisor.
The Case Is Settled
Cano v. DPNY, Inc., No. 10-cv-07100-ALC-JCF (S.D.N.Y), alleged a range of labor law violations, including time-shaving and off-the-clock work, and was originally filed in the Southern District by The Legal Aid Society and Shearman & Sterling as pro bono counsel. (Note: The authors were members of the Legal Aid team.)
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?