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Trans-Jurisdictional Transactions
This three-part series has analyzed the complex issues that arise throughout the dispute resolution process of cross-border transactions. Starting with the post-judgment collection phase and then moving backward to information-gathering (discovery), we have examined the intricacies of cross-border conflicts that attorneys must address in order to achieve success in both the transaction and the inevitable transactional dispute. In this final installment, we look to the beginning and discuss how proper planning and effective drafting of the dispute resolution provisions can infuse predictability and reliability into cross-border business deals.
The Drafting Phase
A contract is intended to grind predictability into the culmination of the deal. Parties negotiating cross-border agreements rightfully place their greatest emphasis on memorializing the business terms, such as price, delivery, and warranties. Still, the success of all business deals ' international or otherwise ' is distilled to the simple concept of consideration, i.e., what each party receives from the deal. When that consideration breaks down, the injured party turns with fervor to collect its due consideration. Yet, because of the discomfort of discussing dispute resolution concepts before negotiations are concluded, deal-makers frequently pass on discussing the ugly concept of dispute resolution and simply cross their fingers and hope a dispute never arises. Common sense, however, dictates that to maximize the transaction's consideration, the negotiation over the dispute resolution provisions should be competently negotiated as a significant business term.
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?
"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.