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Court Watch
Franchisor's Attempt to Remove State Court Case for Fraud, State RICO Law Violations Fizzles
Franchisors, more often than not, prefer to litigate in federal court when they are sued by franchisees. Since franchisors do not have the ability to control where the case is to be filed when they are on the receiving end, they sometimes have to resort to creative means to effect removal of state court cases to federal courts. The basis for removal is either diversity of citizenship (as long as the diverse defendant is not a citizen of the state where suit has been filed) or that the litigation is a federal question. Plaintiffs will usually anticipate the possibility of removal by either naming defendants who are non-diverse or crafting their claims as based on state, not federal, law. Federal courts require that removal notices lay out the basis for removal, since in some instances a federal court, sua sponte, without any motion to remand, will remand a case based on its reading of the removal notice; this reflects the importance of anticipating such possible action in drafting the removal notice. This happened recently in a case brought by Quiznos franchisees against a number of Quiznos-related parties in Colorado state court. PT Sak, LLC v. QFA Royalties, LLC, Bus. Fran. Guide (CCH ' 14,996 (D.CO Feb. 11, 2013).
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.
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.
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.