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Franchisor's Non-Compete Upheld In New Jersey
A franchisor of tax preparation franchises was entitled to a 24-month injunction beginning from the time of the former franchisee's compliance with a non-competition covenant. Jackson Hewitt Inc. v. Childress, Bus. Franchise Guide (CCH) ' 13,849 (D. N.J., Jan. 22, 2008). The permanent injunction was ordered when the court granted the plaintiff franchisor's motion for summary judgment.
Terms of Agreements
The franchise agreements obligated the defendant franchisee to comply with certain post-termination covenants, including covenants not to compete and not to use the franchisor's confidential and proprietary information. Under the covenant not to compete, the defendant agreed that for a period of 24 months after termination, he would not 'directly or indirectly prepare or electronically file individual tax returns, teach tax courses, offer Bank Products, or own, engage in, operate [or] manage … a Competing Tax Business … within the Territor[ies] or within an area ten (10) miles outside the boundaries of the Territor[ies].' The confidentiality provision required that after termination, the franchisee would return all trade secret, confidential, and proprietary information. Lists of customers of the franchised businesses were specifically set out as the franchisor's confidential and proprietary information.
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.