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News Briefs
D'Angelo Franchisees Sue over Alleged Kickbacks
D'Angelo Sandwich Shop franchisees have sued their franchisor, Papa Gino's, in U.S. District Court in Boston for allegedly overcharging them for food supplies and janitorial services. According to the lawsuit, the commissions that D'Angelo received from one of its vendors, U.S. Foodservice, violated federal antitrust laws. The franchisees are seeking $4.5 million, which reflects triple damages.
According to court documents, U.S. Foodservice charged franchisees a $28/week fee for deliveries, but it paid Papa Gino's $157 per store, per week for each franchised restaurant that used it as the supplier. Papa Gino's views this arrangement as a “commission,” but the franchisees see it as a “kickback,” said L. Seth Stadfeld, Weston, Patrick, Willard, & Redding, P.A., one of the plaintiffs' attorneys. “Not only have the charges and the commissions raised franchisees' costs, but they also had the effect of putting the franchisees at a competitive disadvantage with company-owned stores in the same market area,” he said.
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.