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India: The International Hotspot -- Franchising Goes East
India's attraction to European and U.S. franchisors (and all branded marketers) is not only the sheer number of potential Indian consumers, but, more importantly, a growing young affluent population with an increasing demand for quality consumer goods and services. This, in part, has been due to the 8-10% annual growth rate of the Indian economy. Further, there has been significant growth in organized retailing through large shopping malls, with a target of 600 malls by 2010 [source: 'Indian Companies on the Move ' And How,' Sathish Kulkarni, Economic Times, Mumbai, Dec. 21, 2007]. At the recent India Fashion Forum, experts predicted that the Indian retail sector is expected to grow by another US trillion dollars in the next eight years.
Despite the positive economic conditions and the demand for international brands, the Indian legal framework still raises some barriers to international business. The Indian government has the delicate task of balancing what is perceived to be in the interest of local businesses and those of foreign investors.
In the retail sector, for example, until 2005 foreign investors were not allowed to invest directly in India. Even when investment was opened, foreigners were permitted to own a maximum of 51% shareholding in a single-brand retail business after having to obtain government consent. For foreign investors, the only viable options have been to grant a franchise (as with the recent Armani-DLF partnership) or to license a brand to an Indian partner or to be involved in the cash-and-carry wholesale business.
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.