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No Harm to Franchisees When Franchisor Acquires Competitor
It is becoming increasingly common for franchise companies to acquire their competitors. Predictably, the franchisees of the acquired system often will feel threatened and take legal action.
In Hanson Hams, Inc. v. HBH Franchise Company, LLC, Bus. Fran. Guide (CCH) '13,093 (Dec. 20, 2004), the U.S. District Court, Southern District of Florida, recently considered such a case. In Hanson Hams, a Heavenly Ham franchisee filed a complaint against the franchisor of the HoneyBaked Ham franchise system for allegedly “unfair” conduct occurring after the defendant's subsidiary acquired the Heavenly Ham franchise system. Plaintiff alleged that after the acquisition, defendant favored the Honey-Baked Ham system over the Heavenly Ham system and that such disparate treatment violated Florida's “little FTC Act” (Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Florida Statutes ”501.201, et seq.). In a thorough and well-reasoned decision, the court concluded that defendant's conduct was not unfair within the meaning of the FDUTPA as a matter of law. The court found it particularly telling that the plaintiff had not asserted any claim against its franchisor (a subsidiary of defendant).
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.