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Court Watch
Ninth Circuit Addresses Indirect Franchise Fees
On Sept. 16, 2005, the U.S. Court of Appeals for the Ninth Circuit issued a not for publication opinion affirming a lower court's grant of summary judgment in favor of a car rental company against the operator of its rental facility in Long Beach, CA. In Adees Corporation v. Avis Rent A Car Systems, Inc. (Case No. 03-57227) the court considered de novo the decision of the U.S. District Court, Central District of California, finding that the termination of the agreement between the parties did not violate the California Franchise Relations Act (“CFRA”), California Business and Professions Code Sections 20000 through 20043, since the arrangement was not a franchise.
The agent was clearly granted the right to do business under a marketing plan or system prescribed by Avis, and the business was substantially associated with the “Avis” name and marks. The issue was whether the “fleet surcharge” and “fuel surcharge” deducted by Avis from the commission payable to the agent constituted a franchise fee under the CFRA.
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.