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Are Franchisors 'Employers'?
Part One of a Two-Part Article
Franchising began in the mid-1800's with the Singer sewing machine, but became increasingly popular in the United States in the 1950's when brands such as Kentucky Fried Chicken (1956), Holiday Inn (1957) and International House of Pancakes (1958), among others, began franchising. Today, franchised businesses employ millions of people, have payrolls in the billions of dollars and generate over a trillion dollars in total sales. U.S. Census Bureau, “Census Bureau's First Release of Comprehensive Franchise Data” (Sept. 14, 2010).
The typical franchise model allows the franchisee to use the franchisor's trademark and marketing plan in exchange for the franchisee paying a franchise fee for the right to operate the franchised business. See, People v. Kline, 110 Cal.App.3d 587 (2014). The franchisee pays most of the operational costs for running the business and retains the gross sales. In most franchised systems, the franchisee is required to pay the franchisor a royalty and marketing fee, on a monthly basis, calculated as a percentage of the gross sales.
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.
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?
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.