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In the News
California Franchise Legislation Advances
Pending California franchise legislation, designed to strengthen existing franchise statutes, passed a final legislative committee on June 24, 2010. The Assembly Business, Professions and Consumer Protection Committee approved SB 610 by a vote of 10 to 2. SB 610 (http://bit.ly/1rBUcfQ) now moves to a final vote by the entire California State Assembly.
The amended bill addresses needed changes in the California Franchise Relations Act (CFRA), amending the previous proposal which was primarily limited to a statutory duty of good faith in franchisee relations. The amended legislation contains three changes to the CFRA. First, the ability to terminate a franchisee under the CFRA for “any” breach of a franchise agreement would be tempered; a franchisor terminating a franchisee under the CFRA must establish “substantial and material” breach of a franchise agreement. Second, a franchisor would have to approve a transfer of a franchise agreement if the buyer meets the franchisor's standards. Third, the CFRA would provide an additional remedy; namely a wrongfully terminated franchisee would have the option of reinstatement or could receive payment of the fair market value of the terminated franchise as the measure of damages.
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.