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Court Watch
Recent Cases Raise Red Flags for Franchise Agreement Drafters
In connection with concluded litigation, Item 3 of the 2007 Federal Trade Commission Franchise Rule (16 CFR Part 436) requires that a Franchise Disclosure Document (FDD) disclose all material terms of any settlements, whether or not the settlement agreement is confidential, as long as the settlement was entered into after the franchisor began selling franchises. (16 CFR '436.5(c)(3)(ii)). In Caudill et al v. Keller Williams Realty Inc., Bus. Fran. Guide (CCH) '15,162 (USDC N.D. Illinois, Oct. 31, 2013), the parties had entered into a Settlement Agreement and Mutual Release resolving a prior lawsuit between them. The settlement agreement stated that “[t]he terms, covenants, conditions of this settlement, specifically including the amount to be paid in settlement ' will be held strictly in confidence and will not be disseminated or disclosed by the parties ' except to ' governmental agencies or regulatory authorities as required by law.” The settlement agreement provided for liquidated damages in the amount of $10,000 for each breach of the confidentiality provision.
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.