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Court Watch
When a Business Agreement Is Not a Franchise Relationship
When are franchisors not required to provide prospective franchisees disclosures under franchise laws and regulations? The easy answer: when the 'franchisor' isn't really a franchisor. A Pennsylvania trial court granted a motion for summary judgment filed by the developer of a new concept who failed to comply with the franchise disclosure regulations because the relationship between the concept developer and a health care provider was not a 'franchise' under the FTC Franchise Rule. Mercy Health Sys. v. Metropolitan Partners Realty LLC, Business Franchise Guide '13,522 (filed Jan. 19, 2007).
Mercy Health System entered into two 15-year agreements with Metro-politan Partners Realty to operate two new ambulatory care facilities in Pennsylvania. After Mercy's efforts failed to renegotiate the agreements to address certain perceived inequities, Mercy filed a lawsuit alleging causes of action for rescission of the lease agreements, among other things, based on Metropolitan's failure to provide certain required disclosures prescribed by the federal franchise regulations.
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.