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News Briefs
California Supreme Court Decision to Invalidate Jury Trial Waivers Leads to Win for Mail Boxes Etc. Franchisees
The Independent Association of Mailbox Center Owners (“IAMCO”) and 35 Mail Boxes Etc. (“MBE”) franchisees convinced the Fourth District Court of Appeals in California to vacate a trial court order that had denied the franchisees' requests to consolidate their claims and receive a trial, instead of working through mandatory arbitration as outlined in their franchise agreements. IAMCO was formed in March 2000 as an independent trade group of MBE franchisees that were seeking to bring their concerns to franchisor Mail Boxes Etc. in an organized manner.
The appeals court struck down portions of arbitration clauses contained in the franchise agreements as “unconscionable” in a ruling on Sept. 16. The court's decision may reflect two rulings earlier this year by the California Supreme Court that confirmed that California's constitution treats the right to a jury trial as fundamental, and thus it cannot be waived by an agreement signed prior to a conflict. In Grafton Partners L.P., et al. v. The Superior Court of Alameda County, the court held on Aug. 4 that if contracting parties, prior to any dispute, enter into a contractual agreement that waives jury trials, then that agreement is invalid. In Discover Bank v. Boehr, the court held on June 27 that corporations cannot use clauses in their form contracts to bar customers from bringing or participating in class actions against them under California 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 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.