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First-Amendment Rights of Solicitors
A California Court of Appeal recently affirmed the right of a shopping center owner to limit the First Amendment rights of citizens from being exercised near store entrances.
Citizens seeking charitable donations entered an outdoor shopping center and solicited donations near store entrances. The plaintiff, who controls the outdoor shopping center, had a written policy prohibiting solicitation of donations on the shopping center property. He asked the solicitors to leave, but they refused. The plaintiff called the police to have the solicitors removed, but the police would not remove them without a court order.
The plaintiff obtained a preliminary injunction enjoining the solicitors from soliciting donations or engaging in other expressive activities on sidewalks adjacent to the store entrances; however, the injunction order permitted such activities in a public forum area of the shopping center that excluded the areas adjacent to storefront entrances, as designated in a diagram that was attached to the injunction order. The defendants appealed, contending that the areas adjacent to store entrances are public forum areas in which expressive activities cannot be prohibited.
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?