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News Briefs
Ford Settles Lawsuit Launched by Ottawa Dealerships
The Ontario Superior Court of Justice approved a settlement between Ford Motor Co. of Canada Ltd. and about 100 Ford dealers in Canada that will result in Ford creating a fund of up to $47 million (CAN) ($35 million (US)) to compensate dealers who claimed that the carmaker breached contract agreements when it decided to convert its Lincoln-Mercury outlets to the Ford banner. The decision by Judge Lynn Ratushny rejected an objection by two Ottawa dealerships that their share of the settlement would be insufficient.
Ford's dispute with its dealers began in the late 1990s, when the company converted about 125 Lincoln-Mercury dealerships to “Custom Franchises” that could sell Ford models. Previously, Lincoln dealers could sell only Lincoln- and Mercury-model cars, and Ford dealers could sell only Fords. After the change, some Ford dealers soon found that they had a direct competitor located close by, which they alleged was in direct violation of their franchise agreements, which prohibit Ford from setting up another dealership within a 15-kilometer radius. However, if Ford can prove that the market is sufficient to support two nearby dealerships, it can site them accordingly.
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.