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Court Watch
Franchisees and Dealers Should Plead Causation In Actions Against The Government
In a decision that may significantly expand the ability of franchised entities to bring Fifth Amendment claims, the United States Court of Federal Claims has held that dealerships have stated plausible causes of action against the federal government in the case of Colonial Chevrolet Co., Inc. v. United States, Nos. 10-647C, 11-100C, and 12-900C, 2015 WL 5268941 (Fed. Cl. Sept. 9, 2015). The decision solidifies that claims against the government may lie where the government's conduct vis-'-vis a third party effects a taking of a plaintiff's property right ' which may include a franchise or dealership agreement. The ruling offers a roadmap that franchisees and dealers advancing takings claims should follow, and will likely be of interest to former General Motors and Chrysler Group dealers that lost their dealerships as a result of the Troubled Asset Relief Plan (TARP).
In 2009, as part of TARP, the federal government offered GM and Chrysler an aggregate $38 billion in financing in exchange for the manufacturers' agreement to terminate 2,243 dealerships. As a consequence, the three groups of dealers in Colonial Chevrolet had their dealerships terminated.
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?