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Court Watch
Claims to Prevent Enforcement of Arbitration Clauses
Two recent U.S. district court cases considered claims by franchisees seeking to prevent the enforcement of arbitration clauses in their contracts. Ace Hardware Corporation v. Advanced Caregivers, LLC d/b/a/ Hialeah Ace Hardware, et al., Bus. Franchise Guide (CCH) '14,935 (USDC, N.D. Illinois, Oct. 18, 2012) was an action by Ace to compel arbitration of fraud claims brought in state court by the respondents. The respondents, apparently an entity and its owner, had signed various agreements in connection with the entity becoming an Ace Hardware store owner. At the time of their signing, the agreements used by Ace did not contain an arbitration provision. Several months after the agreements were signed by the parties, Ace notified the respondents that there was an error in the agreements concerning the address of the respondents' Ace store. Ace forwarded revised agreements to the respondents. Between the time the original agreements were signed and when the revised agreements were provided, the standard-form agreements used by Ace were modified to require arbitration of disputes between the parties to the contracts. In the cover letter to the respondents, Ace did not point out the arbitration provisions, only that the agreements now contained the correct store address. The respondents signed and returned the revised agreements to Ace.
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.
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.
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.
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.
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.