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In the News
California Franchising Good-Faith Legislation Moves Forward
A bill has advanced in the California Assembly that, if ultimately passed, will enhance franchisee rights in that state. SB 610, which was introduced by Senator Hannah-Beth Jackson (D-Dist 19), was approved by the Senate last year. It aims to enhance the right of franchisees to participate in associations, to regulate the sale and transfer of franchises and to enforce the duties of good faith and fair dealing in franchising agreements.
When the Bill last year failed to gain the support it now appears to have, the International Franchise Association (IFA) issued a statement about SB 610's defeat, which stated, in part: “Lawmakers in California recognized the basic tenet of the franchise model is the contract, and both franchisees and franchisors need to work to adhere to the terms of the contract for the model to thrive. Franchising remains the most viable way to own and operate a small business for many Americans, and legislators didn't want to upset the apple cart to appease a few isolated grievances when there are processes already in place within those systems, and the courts, to address them.” See, “California Legislature Rejects Attempt to Undermine Franchise Contracts.”'
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?