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The Patient Protection and Affordable Care Act and its Effect on Franchising
The dominant issue in the U.S. political and media landscape heading into 2014 continues to be the implementation of the Patient Protection and Affordable Care Act (ACA) and its potential impact on the U.S. economy. Many consider the ACA to be a milestone in moving the American health care system toward greater efficiency, increased coverage and improved quality of care. Many others, however, remain concerned that the law will have detrimental consequences for individuals, employers and the health care industry. The ACA's reforms were designed to improve individuals' access to health insurance coverage and bolster the quality of products available ' particularly because, beginning in 2014, most individuals will be required to either purchase health insurance or pay a tax penalty. However, critics continue to voice concerns that individuals will not be able to keep their current health plans if they like them and argue that some provisions will have a detrimental impact on hiring practices, the prevalence of full-time employment and administrative costs, particularly among small businesses.
As the ACA continues to be implemented, franchisors and franchisees must be vigilant in understanding whether they are subject to the ACA's mandates, penalties and tax credits. The franchising industry must be sufficiently informed and prepared to manage the uncertainty surrounding both compliance requirements and costs. Navigating the ACA amidst myriad news reports, political talking points, commercials and editorials can be challenging at best. However, there are some clear knowns ' and unknowns ' that franchisors and franchisees must be aware of today in order to be prepared for tomorrow.
Tax Credits and SHOP Marketplaces
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.