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NLRB: McDonald's Is Joint Employer With Franchisees
Richard Griffin Jr., general counsel of the National Labor Relations Board (NLRB), brought a new meaning to the phrase “Big Mac Attack” that could frighten franchisors across the country by threatening to jointly charge McDonald's USA over alleged workplace violations at its franchisees' stores. See, http://1.usa.gov/1pOdE61. And his expansion of parent liability could spread beyond fast-food chains to other industries.
McDonald's quickly indicated it would fight back. And critics immediately bashed the NLRB move as overreaching, drastic and “at odds with decades of precedent.”
McDonald's general counsel Gloria Santona referred questions to Terri Hickey, manager of U.S. media relations. Hickey, in turn, cited the fast food company's statement, which said: “This decision to allow unfair labor practice complaints to allege that McDonald's is a joint employer with its franchisees is wrong.”
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?