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Court Watch Franchisors Rebuff Franchisees' Claims Of Bad Behavior
The implied covenant of good faith and fair dealing, while not always a separate cause of action, depending on the jurisdiction, can be a powerful tool in a franchisee's arsenal to assert claims based on breaches of franchise agreements due to a franchisor's bad conduct. However, recent cases coming out of New York and Michigan demonstrate just how difficult it can be for a franchisee to make out a claim premised on the franchisor's poor behavior.
Paolozzi v. Honda
In V.M. Paolozzi Imports, Inc. v. Am. Honda Motor Co., Inc., No. 7:12-CV-1052, 2015 WL 7776926 (N.D.N.Y. Dec. 2, 2015), Plaintiffs, the parties to certain franchise agreements with Defendant American Honda Motor Corporation (Honda), alleged various violations of laws and implied covenants related to the opening of Honda Dealerships at the height of the 2008 recession. According to the court, the Plaintiffs had alleged that Honda demanded “strict compliance” with the franchise agreements entered into, with the apparent objective of gaining control over the franchisees such that Honda could engineer the appointment of preferred franchisees in the Plaintiffs' geographic region.
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.
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?
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.