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Potential Claims Under an FDD
One of the most important parts of the franchise relationship comes before a single product is sold, and even before a franchise agreement is signed. And this part concerns the procedure and content of franchisor disclosure of information to the franchisee via the franchise disclosure document (FDD). As the cases below show, the process and content surrounding the FDD can make or break potential claims between franchisors and franchisees.
Franchisor's Violation of Wisconsin Disclosure Law Held Not Material
Normally, violating a state's disclosure law is enough to trigger rescission of the franchise agreement. In Wisconsin, however, the Wisconsin Franchise Investment Law (WFIL)'requires that any such violation be “material” in order for rescission to be appropriate. In Braatz, LLC, v. Red Mango FC, LLC, Bus. Franchise Guide (CCH) ' 15,507, 3:14-CV-4516-G, 2015 WL 1893194 (N.D. Texas April 27, 2015), that distinction made all the difference, as Red Mango was found to have made an immaterial violation of WFIL.
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.
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.
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.
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?