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Court Watch
California Court Awards Franchisor Damages for Lost Future Fees
In Radisson Hotels International, Inc. v. Majestic Towers, Inc., No. CV 06-4956 SVW (C.D. Cal. Jan. 25, 2007), the U.S. District Court awarded Radisson liquidated damages for the loss of future fees, distinguishing and criticizing the earlier decision of Postal Instant Press, Inc. v. Sealy, 43 Cal. App. 4th 1704 (1996).
Radisson Hotels International, Inc. and Majestic Towers, Inc. entered into a licensing agreement on Oct. 26, 2005 for the latter to operate the Radisson Plaza Wilshire Hotel in Los Angeles (the 'Hotel') until Dec. 31, 2025. Majestic took over this property from a previous Radisson franchisee. The license agreement contained a liquidated damages provision stating: 'If Radisson terminates this Agreement for Licensee's fault, the actual damages that Radisson would suffer for the loss of prospective fees and other amounts payable to Radisson … would be difficult if not impossible to ascertain … [Liquidated damages] is calculated as … two times the amount payable to Radisson under [the Royalty Fees clause] for the immediately preceding 12 months … '
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.