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Court Watch
California Court Refuses to Enforce Forum Selection Clause Post- Atlantic Marine
A recent California case is a good indication of how important a role a forum selection clause will play after the U.S. Supreme Court's recent decision in Atlantic Marine Const. Co. Inc. v. U.S. Dist. Court for W. Dist. Of Texas, 134 S.Ct. 568 (2013). Atlantic Marine made clear that while a motion to dismiss or transfer venue based on a forum selection clause could not be made on the grounds of improper venue under 28 U.S.C. '1406, the forum selection clause should be given controlling weight in all but the most exceptional cases under a forum non-conveniens analysis under 28 U.S.C. '1404. However, this assumes a valid forum selection clause.
In Frango Grille USA Inc. v. Pepe's Franchising Ltd., WK Bus. Fran. Guide '15390 (C.D. CA. July 21, 2014), a master franchisee, before it began to operate, filed suit against the franchisor in California. The Master Franchise Agreement had a London, England, forum selection clause, since the franchisor was headquartered there, as well as an English choice-of-law clause. The franchisor moved to dismiss or to transfer for forum non conveniens under 28 U.S.C. '1404(a).
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?