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Court Watch
Criminal Defendant's Knowledge of FTC Rule Showed His Criminal Intent
The U.S. Court of Appeals for the Eighth Circuit has ruled that evidence of a defendant's knowledge of the terms, provisions, and requirements of the FTC Franchise Rule ' even though the FTC Rule is strictly civil in nature ' regarding the scope, application, and requirements of that regulation were properly admitted and sufficient to establish the defendant's criminal intent. United States of America v. Parker, 364 F.3d 934 (8th Cir. 2004).
Parker was convicted of mail fraud. The government alleged that he fraudulently induced investors to purchase FCI automotive parts distributorships by making false statements. Parker appealed his conviction on the grounds that the trial court erred in admitting the expert testimony of Steven Toporoff, the Federal Trade Commission's expert on the FTC Rule, claiming that the testimony improperly invaded the province of the judge and jury by addressing legal standards and was irrelevant. Parker also asserted that even if Toporoff's testimony were relevant, its probative value was substantially outweighed by its prejudicial effect. The Eighth Circuit rejected these assertions and upheld the conviction.
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.