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Court Watch
The Georgia Court of Appeals found that both in-term and post-termination covenants not to compete in a bakery/deli business franchise agreement were unreasonable and unenforceable in Atlanta Bread Co. Int'l, Inc. v. Lupton Smith, CCH 13,911 (Ga. App. May 14, 2008).
Sean Lupton-Smith owned several Atlanta Bread Company franchises. On Feb. 14, 2006, Atlanta Bread Company notified Smith that it intended to terminate his franchise effective Feb. 24. Atlanta Bread stated that the termination was due to Smith operating a competing business called PJ's Coffee Shop using Atlanta Bread's methods and proprietary information. Smith filed a lawsuit seeking to enjoin the termination and obtained a temporary restraining order. Eventually, the TRO was lifted, and Atlanta Bread purchased the assets of the former franchised stores. Smith then amended his complaint to seek damages for wrongful termination of the franchise agreement. The trial court entered partial summary judgment for Smith, denied Smith's motion for partial judgment on the pleadings, and denied Atlanta Bread Company's motion cross-motion for summary judgment.
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.