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<b><i>In the Spotlight:</i></b> How to Protect Against a Lawsuit By the Beneficiary of an Exclusive
One of the most surprising things about Winn-Dixie Stores Inc. v. Dolgencorp, LLC, 746 F.3d 1008 (11th Cir. 2014) ' the case that Winn-Dixie brought against three national dollar store retailers for alleged violations of Winn-Dixie's exclusive use provisions in more than 100 shopping centers in five states ' is that Winn-Dixie elected to pursue remedies against the dollar stores, its co-tenants in the shopping centers, rather than the landlords that granted Winn-Dixie an exclusive-use provision with respect to the sale of certain grocery items.
How do landlords feel about tenants suing co-tenants, and how can landlords and co-tenants best protect themselves against suits by the beneficiary of an exclusive-use provision?
The Landlord's Perspective
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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.