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Court Watch
Pennsylvania Choice of Law Clause Works in California
In Portnoy v. Dollar Financial Corp., Bus. Franchise Guide (CCH), 14, 252 (C.D. Cal. Aug. 11, 2009), a We The People franchisee sued the franchisor and parent companies in California. The franchise agreement had a Pennsylvania choice-of-law provision because the franchisor and parent were Pennsylvania companies. It also had an arbitration agreement requiring arbitration in Pennsylvania. Under the arbitration clause, the arbitrator's authority was limited to the extent he or she could not extend, modify, or suspend the terms of the agreement or stay, rescind, or postpone any termination. Further, damages were limited to actual damages; no others, including punitive damages or lost profits, could be awarded. The franchisor moved to compel arbitration, and the franchisee argued that the arbitration agreement was unconscionable because it required arbitration in Pennsylvania, contrary to the California Franchise Relations Act, and because of the two other provisions discussed above. The court granted the motion and upheld the arbitration provision based on Pennsylvania 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.
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.
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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
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.