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Court Watch
Latest Awuah v. Coverall North America Decision Focuses on Collection of Franchise Fees and Royalties
In the most recent decision in a long-running battle between a group of janitorial franchise owners and their franchisor, the Massachusetts Supreme Judicial Court, in response to questions certified to it by the U.S. District Court for the District of Massachusetts, decided several issues arising from an earlier finding that the “franchisees” were, in fact, “employees” under the Massachusetts Wage Act, G.L. c.149, Sec.148 et seq. In Awuah et al. v. Coverall North America, Inc., Bus. Fran. Guide (CCH) '14,349 (U.S.D.C., D. Mass, March 23, 2010), the U.S. District Court decided that while the franchise agreement at issue cast the franchisees as independent contractors, the degree of control maintained by the franchisor, the nature of the services performed by the franchisees and the interdependence of the parties, among other things, caused the parties to have an employer-employee relationship rather than that of a traditional franchisor and franchisee. In an earlier case, the Massachusetts Supreme Judicial Court had held that different Coverall franchisees were employees for unemployment law purposes. Coverall North America, Inc. v. Commissioner of the Division of Unemployment Assistance, 447 Mass. 852, Bus. Fran. Guide (CCH) '13,491 (Dec. 12, 2006). See discussion in Klaus, Swierzewski and Winkelman, “Court Watch” LJN's Franchising Business & Law Alert, Vol. 13, No. 5, Feb. 2007, p. 5 et seq.
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.