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Franchisee Class Cleans Up in Federal Court
Nearly 250 people who run franchises for the cleaning company Jani-King last month got certification to bring a class action suit against the company for misclassifying them as independent contractors in Pennsylvania.
According to the two plaintiffs who brought the suit on behalf of area Jani-King franchisees, they are really just employees of the Texas-based company.
“Plaintiffs contend that under Pennsylvania law, specifically the WPCL, plaintiffs, and the proposed class members, should have been treated as employees of Jani-King ' not independent contractors ' because Jani-King's universal policies and procedures were so controlling that they created an employment relationship,” said U.S. District Judge R. Barclay Surrick of the Eastern District of Pennsylvania, referring to the state's Wage Payment and Collection Law. The case is in federal court on diversity jurisdiction.
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.