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What Canada's New Anti-Spam Legislation Means for Franchisors
Canada will soon have the dubious distinction of having what many believe is the most onerous and comprehensive anti-spam legislation in the world (S.C. 2010, c. 23, known colloquially as “CASL”). While first impressions may be that any anti-spam legislation is a benefit, a review of the legislation reveals restrictions and obligations that apply to virtually all commercial electronic messages, and certainly beyond what is typically thought of as spam. CASL also will enact rules to restrict spyware (installation of computer programs on another person's computer) and certain practices such as pharming and address harvesting. Both the anti-spam and spyware provisions are drafted broadly and will apply to most instances of the remote installation of a computer program on another person's computer, regardless of whether the program is installed for a malicious purpose. Accordingly, despite the seemingly good intentions of the legislation, it has the prospect of affecting virtually all legitimate businesses. Franchisors' relationships with customers and with their franchisees will be affected.
CASL focuses on three main topics: 1) restricting unsolicited commercial electronic messages, 2) restricting the installation of computer programs on another person's computer, and 3) other practices, such as pharming and address harvesting.
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.
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.