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Court Watch
As franchise law approaches its 40th birthday, one might imagine that some of the key questions about franchising and distribution generally would have been ironed out by the courts by now. Not true. And nowhere is this better demonstrated than in the continuing quest to define what is, and is not, a franchise or a distributorship. Part of the problem, of course, is that the definitions of these terms vary among the statutes that regulate franchise sales disclosures and franchise relationships, and the FTC's definition of a franchise only further complicates the question ' although not in the franchise relationship context. The bottom line is that what constitutes a franchise for franchise-sales purposes may not be a franchise for franchise-relationship issues, and what might constitute a franchise in California may or may not be a franchise in another jurisdiction in either a franchise-sales situation or a franchise-relationship situation. Moreover, some states try to regulate only what the business world would consider true franchises, while in other jurisdictions, in particular Wisconsin and Rhode Island, relationship laws cover a wider range of distribution systems, including both distributorships and dealerships. In any event, the complex regulatory scheme makes it no surprise that cases trying to define the parameters of a franchise or a distributorship just keep on coming.
Two Recent Cases
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.