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Court Watch
Quiznos' Termination Of Franchise Agreement Declared Unlawful
In December 2008, the District Court for the City and County of Denver, CO, found that a sandwich shop franchisor's actions were wrongful and therefore constituted a breach of the franchise agreement when the franchisor purportedly terminated the agreement of a franchisee who, according to the franchisor's test, had failed to use the required amount of meat to make a single sandwich ordered and inspected by the franchisor's “mystery shopper.” The court found that the franchisor's quality-control test was inherently unreliable for multiple reasons and that the franchisor had wrongfully treated this franchisee differently from other franchisees who had failed the same test; therefore, the franchisor's decision to terminate the franchise agreement on the basis of that test violated the franchisor's obligation to act reasonably when exercising its discretion in determining (as permitted by the terms of the franchise agreement) whether the franchisee's actions had materially impaired the goodwill associated with the franchisor's trademarks. Quiznos Franchising II, LLC v. Zig Zag Restaurant Group, LLC, Case No. 06CV10765 (Colo. Dist. Ct. Dec. 31, 2008).
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.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."