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Court Watch
Case Reminds Franchisors to Use Caution When Reinstating a Franchise Agreement
A 2004 not-for-publication opinion of the U.S. District Court, District of New Jersey that was just published in CCH Business Franchise Guide at '13,363 should serve as a warning to franchisors and their counsel to use care when reinstating a terminated or probationary franchise. In Ramada Franchise Systems, Inc. v. MBJS In-corporated et al, the court considered opposing summary judgment mo-tions regarding whether the reinstatement of a terminated 'License Agreement' also reinstated the right of the franchisee to terminate that agreement as allowed by its terms.
The agreement between Ramada and its franchisee allowed the franchisee to terminate the agreement on the fifth anniversary of the opening of the facility covered by the agreement as long as the franchisee provided Ramada with at least 6 months prior notice. The right to terminate was conditioned on the franchisee not being in default at the time the notice was given or on the effective date of the termination. The franchisee could lose this right if it failed to cure any default under the agreement within the time permitted by any notice of default sent by Ramada. The agreement also allowed Ramada to terminate the agreement if the franchisee's facility did not achieve a minimum quality assurance score after notice and an opportunity to cure.
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.
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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
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.
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.