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News Briefs
Quiznos Franchisees Granted Injunction in Colorado; New Lawsuit Launched in Illinois
Three Quiznos franchisees who are members of an independent association of Quiznos franchise owners were granted a preliminary injunction by the U.S. District Court for the District of Colorado on May 3, staving off the franchisor's termination of their contracts late last year. The lawsuit is Chris Bray, et al. v. QFA Royalties, LLC.
The preliminary injunction extends a temporary restraining order obtained on Dec. 15, 2006 by board members of the Toasted Subs Franchisee Association ('TSFA'). All eight members of the TSFA board were terminated by Quiznos after TSFA posted online a letter from a former franchisee, Bob Baber, who complained about his business dealings with Quiznos before he committed suicide on Nov. 27, 2006. The board of TSFA decided to post the suicide note, as well as information about a charitable fund created for the survivors of Baber, on Dec. 7. The next day, Quiznos General Legal Counsel Pat Meyers directed outside counsel to contact all TSFA board members and terminate them immediately, according to a chronology developed at the court hearing.
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.