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Where Should A Franchisor Set Up Its Headquarters?
What is the best location in the United States for a franchisor to set up its headquarters? That is the question I recently posed to the ABA Forum on Franchising Listserv. The query elicited a flurry of fascinating responses, many of them quite detailed and well-considered.
Most of those responding felt that their own city and state was the “best” place for a franchisor to be headquartered. I suppose that is understandable because: 1) most people live where they do by choice and, presumably, do so because they like it there; and 2) franchise attorneys are always eager to have more franchisors nearby who might serve as sources of potential work. However, after sifting through the responses and discounting local bias, there appeared to be at least a general consensus concerning the factors that should be considered in deciding where a franchisor, given the choice, should set up its headquarters (even while there was considerably less agreement concerning actual geographic location). Below, in no particular order, are the factors that people responding to my inquiry most frequently identified.
State Franchise Regulation/Business Environment
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.
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.
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.
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.