Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
News Briefs
IFA Projects Modest Growth in 2013
The International Franchise Association (“IFA”) is projecting that the franchising industry in the United States will grow slowly in 2013, at a pace slightly below the level recorded in 2012, “yet the industry will continue to outpace growth in other business sectors.” The IFA's annual Franchise Business Economic Outlook for 2013 forecasts that the number of franchise establishments in the United States will increase by 1.4% in 2013 to 746,828, just short of the 1.5% growth in 2012. The number of jobs in franchise establishments will increase 2% in 2013 (following a gain of 2.1% in 2012) to 8.262 million. The output of franchise establishments in nominal dollars in 2013 will increase 4.3% (following a 4.9% increase in 2012) to $802 billion. The gross domestic product (“GDP”) of the franchise sector is projected to reach $472 billion, or approximately 3.4% of U.S. GDP in nominal dollars. The report can be found online at http://franchise.org/uploadedFiles/Franchise_Business_Outlook_12-17-2012.pdf.
Separately, the IFA Annual Business Leader Survey, which was conducted in November 2012, indicated that franchisors remain generally optimistic about expansion in 2013. More than 81% of franchisors said they plan to increase units this year, and 29% say they plan to increase units by 6% or more. Slightly more than 8% of franchisors said they expect to see a decline in units in 2013.
MA Court Dismisses Lawsuit Against Tesla Motors
A lawsuit filed by the Massachusetts State Automobile Dealers Association (“MSADA”) against electric vehicle manufacturer Tesla Motors Inc. was dismissed by the Norfolk County Superior Court on Dec. 31, marking the second time that a court in Massachusetts has rejected auto dealers' claims that Tesla is violating state auto dealership laws. The ruling stated that the MSADA lacked standing to sue Tesla.
Tesla has argued that its showrooms are not governed by state auto dealership laws because the final sales transaction takes place online (see FBLA, December 2012). The showrooms are designed for potential buyers to learn about the vehicles.
“We disagree with his decision,” said Robert O'Koniewski, MSADA executive vice president, in a published statement. He did not return calls from FBLA about whether the association will appeal the decision.
Dealer associations in New York and Oregon also have filed lawsuits.
IFA Projects Modest Growth in 2013
The International Franchise Association (“IFA”) is projecting that the franchising industry in the United States will grow slowly in 2013, at a pace slightly below the level recorded in 2012, “yet the industry will continue to outpace growth in other business sectors.” The IFA's annual Franchise Business Economic Outlook for 2013 forecasts that the number of franchise establishments in the United States will increase by 1.4% in 2013 to 746,828, just short of the 1.5% growth in 2012. The number of jobs in franchise establishments will increase 2% in 2013 (following a gain of 2.1% in 2012) to 8.262 million. The output of franchise establishments in nominal dollars in 2013 will increase 4.3% (following a 4.9% increase in 2012) to $802 billion. The gross domestic product (“GDP”) of the franchise sector is projected to reach $472 billion, or approximately 3.4% of U.S. GDP in nominal dollars. The report can be found online at http://franchise.org/uploadedFiles/Franchise_Business_Outlook_12-17-2012.pdf.
Separately, the IFA Annual Business Leader Survey, which was conducted in November 2012, indicated that franchisors remain generally optimistic about expansion in 2013. More than 81% of franchisors said they plan to increase units this year, and 29% say they plan to increase units by 6% or more. Slightly more than 8% of franchisors said they expect to see a decline in units in 2013.
MA Court Dismisses Lawsuit Against Tesla Motors
A lawsuit filed by the
Tesla has argued that its showrooms are not governed by state auto dealership laws because the final sales transaction takes place online (see FBLA, December 2012). The showrooms are designed for potential buyers to learn about the vehicles.
“We disagree with his decision,” said Robert O'Koniewski, MSADA executive vice president, in a published statement. He did not return calls from FBLA about whether the association will appeal the decision.
Dealer associations in
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.
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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.