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Court Watch
New California Case Finds Enforcement of Forum Selection Clause in Arbitration Agreement Not Unconscionable
In Smith v. Paul Green School of Rock Music Franchising, LLC, 2008 WL 2037721 (C.D. Cal. May 8, 2008), the United States District Court for the Central District of California determined that although the arbitration clause in question was procedurally unconscionable, it was not substantively unconscionable and so would not block an arbitration commenced by the franchisor in Philadelphia. The court allowed the arbitration to
proceed in the foreign jurisdiction so long as there was a guaranty by
the franchisor that the franchisee's rights under the California Franchise Investment Law ('CFIL') would not be impaired.
The parties entered into a 10-year franchise agreement for the operation of a 'school of rock' in Southern California. The agreement required arbitration of disputes to be held in Philadelphia. Disputes arose concerning the performance of the franchisor's obligations and the truth of certain statements made to induce the franchisee into entering into the franchise agreement.
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.
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.
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.