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Beware of the Boilerplate Introduction
Many franchise agreements begin with an introductory paragraph, a “witnesseth” statement or various recitals that tout the virtues of the franchisor's business or systems. These introductory statements might state that the franchisor has “developed a proven system,” “developed and perfected a system,” or “developed a uniform system” for operating a particular type of business. The introductory statements also might highlight the success, reputation, or positive image of the franchisor's business systems.
But beware: Although these statements are not intended by the franchisor to have any binding legal consequences, a franchisee may seize upon this language if his or her business is less successful than he or she had hoped, or if a conflict develops between the parties. More than one franchisee has asked a court or an arbitrator to rule that, by including such statements in the prefatory paragraphs of its franchise agreement, the franchisor has created an enforceable legal obligation to ensure the overall success of the franchisee's business.
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.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.