Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Missed in Translation: Bringing Your U.S. Franchise Agreement to Canada
With a diversified consumer base, a stable economy, and a well-established legal system, Canada is a receptive jurisdiction for expanding U.S. franchise systems, as long as the U.S. franchisor plays by Canada's rules.
Several Canadian provinces have franchise-specific legislation imposing obligations not usually found in the U.S.; other provinces rely on the common law or the civil law to regulate the franchisee-franchisor relationship. Although Quebec is the only province in Canada that requires a franchisor to translate the language (i.e., English to French) of its franchise agreements and related documents, in all provinces a U.S. franchisor must translate the legal terms of its franchise agreements and related documents into the Canadian legal context.
This article highlights five key concepts that are often missed or misunderstood when a U.S. franchisor translates its U.S. agreements into the Canadian legal framework. As you will see, these concepts can trap U.S. franchisors in part because they do not have simple solutions. That said, asking the right questions is the first step to managing the risks, and therefore reaping the rewards, of expanding a franchise system in Canada.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?