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U.S. Supreme Court Enforces Class Arbitration Waiver
The U.S. Supreme Court recently released its opinion in AT&T Mobility LLC v. Concepcion, No. 09-893 (U.S. Apr. 27, 2011), addressing the question as to whether class arbitration waivers in standard form contracts are enforceable in actions brought by consumers. The Supreme Court reversed the District Court in California and the Ninth Circuit by holding that class arbitration waivers are enforceable and cannot be found unconscionable under state law. This decision presents considerable advantages to franchisors and business owners that choose to designate arbitration as their dispute-resolution mechanism, due to their ability to require and enforce bilateral arbitration.
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.
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.
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.
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.
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.