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Court Watch
Temporary Staffing Franchisor Finally Gets It Right
Franchisors have often asked whether they have a reserved power to terminate a franchise agreement based on a material breach on the part of the franchisee that goes to the “essence” of the agreement. This question often comes up in the context of a franchisor not wanting to give a franchisee the opportunity to cure. According to the federal court in Wisconsin, the answer is no, but the same result can be achieved via rescission.
Manpower had a long-time franchisee that it decided to terminate for a variety of reasons. The franchise agreement allowed Manpower to terminate if certain defaults were not cured within a fixed period and also allowed it to immediately terminate for failure to meet minimum sales quotas, bankruptcy, or conviction of a crime adversely affecting the goodwill of the franchisor. The agreement also contained a co-venant not to compete for 2 years after termination. A termination notice was issued on the basis that the franchisee had failed to comply with immigration laws with respect to employee eligibility for employment. No cure was allowed because Manpower took the position that the breaches went to the “very essence” of the agreement. Along with the termination notices, Manpower filed a declaratory relief action seeking to validate its actions. The franchisor alleged additional breaches in the lawsuit that had not been listed in the termination notice to support its termination.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?