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Court Watch
Former Franchisee Held in Contempt; Attorneys Have Trouble With Fee Request
In H&R Block Tax Services, LLC v. Judy Strauss, Bus. Franchise Guide (CCH) '15,593 (USDC, N.D. New York, July 7, 2015), a former H&R Block franchisee was held in contempt of court for not complying with a restraining order issued by the court enforcing the post-termination non-competition covenants in her expired Franchise Agreement. The agreement required, among other things, that for one year after the agreement ended, the franchisee would not solicit her former clients, engage in a competing business within 45 miles of her former H&R Block office, or allow her former office to be used for tax preparation services. In February 2015, Block obtained an order from the court restraining Strauss from violating those provisions. In the instant action, Block sought to hold Strauss in contempt for violating that order.
After the Franchise Agreement ended, Judy Strauss, the former franchisee, set up shop in a town less than 45 miles from her former office, retained her original office and did not modify its sign, which still advertised “tax services.” She ran a newspaper advertisement where her former office was located, promoting her tax-preparation services, and collected material from clients at her former office that she processed at her new location. In her defense, she claimed she exercised good faith in trying to comply with the original order, since her new office was 42.5 miles away from her old office, the weather had been too bad for her to change her sign, and that the newspaper advertisement was prepared weeks before the court's order and she could not control when it was published. She admitted she was receiving tax work at her original office, but was not processing it there. Needless to say, the court was not pleased.
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?