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Court Watch
Different Outcomes on Disclaimer, Parol Evidence Cases
Two recent cases in which franchisees alleged fraud and misrepresentation by the franchisor during the sales and disclosure process have illustrated the inconsistent nature of the evidence that certain courts will allow the claimant to present to prove the claims. In February 2006, the U.S. District Court for the Southern District of Florida found that a Lady of America franchisee was not entitled to present parol evidence of allegedly misleading statements made by the franchisor during the sales process because the franchise agreement contained both a merger and integration clause and a 'clear and unambiguous disclaimer' of all such representations made by the franchisor before the execution of the agreement. The court further held that because the allegedly misleading statements were not admissible, the franchisee could not prove that franchisor had violated the Florida Franchise Act or Florida 'little FTC Act.' Lady of America Franchise Corp. v. Malone, 2 Bus. Franch. Guide (CCH) '13,562 (S. D. Fla. Feb. 13, 2006).
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."