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News Briefs
Gold's Gym Franchise Closures in Dallas Lead to New Regulations
Texas legislators have tightened regulation of health spas in the wake of consumer complaints that they could not get refunds for long-term memberships they purchased from a Gold's Gym franchisee in the Dallas area that went out of business. HB 135, which came into effect on Sept. 1, increases the surety bond that a health spa operator must post from $20,000 to as much as $50,000, depending on the spa's membership base. The law requires the secretary of state to check each spa operator at least every 3 years to determine if the size of the bond is still sufficient. It also requires the state comptroller's office to confirm that the spa operator has a certificate of registration before issuing a sales tax permit. And it requires a posting of intent to move or close a spa location 30 days prior to the closure or move.
The law does not place any direct requirements on franchisors, such as posting bonds or guaranteeing refunds to members of closed gyms.
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?