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Keys for Successfully Mediating Franchise Disputes
Many franchise agreements now require the franchisor and franchisee to meet face-to-face, with an independent mediator, before any adversary proceeding is initiated between them. Even without such a provision, many practitioners advocate mediation as a means of settling franchisor-franchisee disputes.
Mediation offers many advantages to both parties, not the least of which is the opportunity to avoid hundreds of thousands of dollars in legal fees incurred in a lawsuit. Even for those who can afford the cost of a legal battle, mediation allows resolution of their own differences, rather than having someone who knows nothing about their business, i.e., a judge, jury or arbitrator, decide for them.
As one who has represented franchisors in mediation, but also served as a mediator, I have seen first-hand the benefits of mediation. However, I have also seen situations in which one or both parties expect that it is a magic pill that will result in getting everything they wanted; after all, they are right and now the mediator will force the other side to do the right thing too! Unfortunately, successful mediations do not just happen; they take work, preparation, the right attitude, and often, the right mediator. This article discusses the elements of a successful franchise mediation from the perspective of one who has been a participant in dozens of mediations.
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?