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Court Watch
Appellate Court Finds Franchisor is not Employer For FLSA Purposes
The rapidly-increasing trend to try to access the perceived deep pockets of franchisors for employment-related claims against their franchisees suffered a setback in the case of Orozco v. Plackis, Bus. Franchise Guide (CCH) '15,316 (U.S. Ct. of Appeals, 5th Cir., July 3, 2014). Plackis was the owner of the corporation that was the franchisor of Craig O's Pizza and Pasteria shops. Orozco was a cook at a location owned by a franchisee corporation formed by Sandra and Arnold Entjer. After Orozco's wages were reduced by the Entjers in an effort to stem the decreasing profitability of their restaurant, Orozco resigned and brought an action against the Entjers for violation of the Fair Labor Standards Act (FLSA) alleging failure to pay overtime and the required minimum wage. After settling with the Entjers, Orozco added Plackis as a defendant claiming that he was also legally an employer of Orozco under the FLSA. The FLSA defines an employer as “any person acting directly or indirectly in the interest of an employer in relation to an employee.” 28 U.S.C. '203(d). Plackis was named personally since, if a person is found to have operating control over employees within a company, he or she can be personally liable for the FLSA violations of the company ' even, apparently, if he is not an owner of the offending entity.
After a jury trial presided over by a magistrate judge, the jury found for Orozco and against Plackis. Following the verdict, various motions by Plackis for judgment as a matter of law were denied by the magistrate judge. Plackis appealed.
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.