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Court Watch
Wisconsin Fair Dealership Law Not Applicable Where Plaintiff Was Not 'Over a Barrel'
The Seventh Circuit Court of Appeals has affirmed a district court's decision that the Wisconsin Fair Dealership Law ('WFDL') did not apply to the relationship between a seller and installer of residential electronic security systems and the company that monitored the signals from those security systems because the parties did not share a 'community of interest.' In Home Protective Services, Inc. v. ADT Security Services, Inc., 438 F.3d 716 (7th Cir. 2006), the plaintiff Home Protective Services ('HPS') sued the defendant ADT Security Services, Inc. ('ADT') for damages under the WFDL after ADT terminated the parties' business relationship with no notice and no
opportunity to cure.
According to the undisputed facts, HPS sold, installed, and repaired residential and small-business security systems. HPS would solicit customers, sign them to service contracts, and then tender the contracts to large alarm companies like ADT for a fee. At the time of its termination, HPS had been an ADT dealer for approximately 6 years. The parties' relationship was governed by an ADT Authorized Dealer Agreement, which contained exclusivity and non-competition provisions preventing HPS from working with any ADT competitors unless ADT first rejected a particular service contract.
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?