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'Ambiguous' Franchise Agreement Sinks Franchisor
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a judgment entered in favor of a group of franchisees who sued for breach of contract when the franchisor charged them royalties and fees that the parties negotiated specifically to exclude from their franchise agreements. Coyote Portable Storage v. PODS Enterprises, No. 13-14996 (11th Cir. 2015).
Background
The franchisor, PODS Enterprises, a national moving and storage company, had negotiated with a few of its early franchisees to exclude revenue from a certain segment of the business, the “cross-country moves” segment, from the definition of “net sales” on which PODS charged royalties and fees. But as the business grew, the “cross-country moves” segment turned out to be very lucrative, so despite its agreement, PODS charged royalties and fees on that revenue.
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?