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Court Watch
Franchisor's Decision Not to Renew Franchisee's Lease
A U.S. District Court in New Jersey has held that if a franchisor, as sublessor of the lease of the franchised location, elects not to renew its master lease, it may terminate a Franchise Agreement denominated as a Commission Marketer Agreement (“CMA”) that was coterminous with the lease. In Luso Fuel Inc. v. BP Products North America, Inc. CCH Bus. Franchise Guide '14,166 (D. N.J., June 29, 2009), the plaintiff became a gasoline station franchise in July 2007 as the transferee of a prior owner. Since 1970, the defendant franchisor and its predecessor had a ground lease on the station premises that it subleased to its franchisee. The ground lease was to expire in December 2008, unless the defendant renewed it, which it had the right to do “at its election.” The CMA stated that the term of the franchise was subject to the term of the ground lease. In June 2008, the plaintiff was notified by the defendant that the defendant had lost its right to continue its tenancy, and, therefore, the CMA would terminate at the end of 2008. The plaintiff spent a considerable sum of money on the location based, it claimed, on the defendant's assurance that the lease would be renewed.
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.
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.
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.
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.