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Court Watch
Petroleum Marketers Act Does Not Allow Franchisor to Force Franchisee to Re-Brand
In September 2007, the U.S. District Court for the Eastern District of Pennsylvania found that the implied terms of an ambiguous franchise agreement caused the agreement to terminate when an unanticipated contingency occurred that excluded all products from the scope of the agreement. The court held that because the essence of the agreement was the sale of petroleum products from the wholesaler to the service station operator, when the wholesaler discontinued delivery of the original brand of products contemplated by the agreement and offered to substitute another brand, but the service station operator objected to the substitution ' both of which actions were explicitly permitted by the unambiguous terms of the agreement ' the agreement terminated due to an unstated, but implied contingency being triggered. Getty Petroleum Mktg, Inc. v. Shipley Fuels Mktg, LLC, 2 Bus. Franch. Guide (CCH) '13,729 (E. D. Pa. Sept. 27, 2007).
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.
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.
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.
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.
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.