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Appellate Court Says Waiver Enforceable, Notwithstanding Statute
Many state franchise or distributor statutes contain provisions that purport to limit the enforceability of waivers or releases signed by dealers or franchisees. The restrictions on waivers ' even to settle existing disputes (as opposed to prospective waivers or releases when there is no current dispute) ' are often justified on claimed “inequality of power” between the manufacturer or distributor and franchisee. One court recently struck a blow in favor of manufacturers and distributors in upholding a waiver even though part of the statute expressly referenced restrictions on certain waivers.
In Edwards v. Kia Motors of America, Edwards and his company, Huntsville Kia, sued Kia Motors of America in federal court, claiming that Kia violated a state dealer statute providing that any person who was injured by a violation of the statute could bring a claim “[n]otwithstanding the terms, provisions, or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,” among other things. So. 2d, 2008 WL 2068088 (Ala. May 16, 2008). Edwards claimed that he purchased the Kia dealership with an understanding that he would later receive another dealership in a different town and that he would be able to sell the first dealership to a buyer that Kia would find. After the first dealership continued to lose money, Edwards eventually found a potential buyer and submitted a proposal for the buy/sell to Kia. In connection with the request for approval of the sale, Edwards signed a broad release; he later claimed that he was afraid Kia would not approve the sale if he refused to sign the release and that he was faced with a deadline for closing the sale with the buyer.
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.
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.
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.