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Court Watch
Franchisor Had No Disclosure Obligation to Renewing Franchisee
The U.S. Court of Appeals for the Fourth Circuit has affirmed a grant of summary judgment to a franchisor sued by its franchisee for failure to make disclosures required by New York law, breach of contract and fraud. Rich Food Services, Incorporated et al. v. Rich Plan Corporation et al., unpublished opinion, 2004 WL 937260, CCH Bus. Fran. Guide Par. 12,798 (4th Cir. 2004).
The franchisee, which was located in North Carolina, sold Rich Plan's food systems, which included frozen food, freezers, cooking equipment, and comprehensive service agreements. The North Carolina attorney general commenced an investigation of the franchisee's business to determine whether the service agreements the franchisee was selling constituted insurance. Subsequently, a North Carolina court determined that the agreements were in fact contracts of insurance under North Carolina law, and the franchisees entered into a consent judgment approved by the North Carolina attorney general. They then brought suit against Rich Plan, alleging that under the franchise law of New York, where Rich Plan was headquartered, and principles of common law fraud, Rich Plan should have disclosed to them that the service agreements might be insurance under North Carolina law.
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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?