Professor James P. Nehf discusses the way Article 9 handles corporate mergers and the steps creditors must take to remain continuously perfected in a debtors assets after the merger occurs by addressing. Ensuring that a security interest remains perfected...
in-house lawyers retain outside counsel on behalf of their companies for what
they anticipate might be a long-term relationship, they often use a retention
letter or agreement. Those documents typically do not address many aspects of
On September 20, 2012, the California Department of Corporations filed a complaint in the Los Angeles Superior Court that alleged that a number of companies did not qualify the offer and sale of limited liability company interests, bridge loans, promissory...
Murray, partner, Murray, Hogue & Lannis, discusses possible drafting
pitfalls in creating complex indemnity provisions in contracts designed to
manage costs and risks of loss.
This is a
cautionary tale for attorneys...
Accounts receivables or "receivables," which constitute a significant part of many enterprises' assets, are frequently proffered as collateral in secured lending transactions. Consequently, Article 9 secured parties must understand how to...
Paul J. McNulty, Stephen Martin, Patrick Thesing
challenging legal and regulatory environment has made it absolutely essential
to establish an effective global compliance program. This need is fueled by the
force majeure clause is a common clause in contracts that essentially frees
both parties from liability or obligation when there is an extraordinary event
or circumstance beyond the parties' control. However, force majeure is not
intended to excuse...
Richard J. Bortnick is a member in the West Conshohocken, Pa., office of Cozen O'Connor, where he serves as chair of the firm's Professional Liability Practice Area within the Global Insurance Group. In this clip he discusses the evolution of...
On this edition, John L. Watkins of Chorey, Taylor & Feil in Atlanta discusses the rise in trade secret violations, remedies available, recent cases and precautions both businesses and employees can take. Copyright© 2009 LexisNexis, a division...
Sometimes you have a hard time telling who won and who lost a motion ruling. That's true of Judge Gale's ruling on Monday in Legalzoom, Inc. v. The North Carolina State Bar , 2012 NCBC 47.
You are all undoubtedly familiar with Legalzoom, an...
In the Matter of Dave & Buster's, Inc., FTC File No. 082 3153 (March 25, 2010), the Federal
Trade Commission (FTC) has accepted a consent agreement from Dave &
Buster's, Inc. relating to alleged inadequate information security practices...
An insurer that breached its duty to defend may not later
rely on policy exclusions to escape its duty to indemnify the insured for a
judgment against him, according to a June 11, 2013 decision from the New York
Court of Appeals. The Court of Appeals...
WASHINGTON, D.C. - (Mealey's) In a unanimous opinion, the
U.S. Supreme Court on June 10 affirmed that an arbitrator acted within his powers
under the Federal Arbitration Act (FAA) in determining that parties
affirmatively "agreed to authorize...
State officials have viewed Internet commerce with dollar
signs in their eyes for decades. The few that have managed to tap the spigot of
online sales in a substantive way, however, aren't reaping the promised
rewards. But that's not stopping...
Creditors seeking enforceable security interests in their debtors’ collateral must attach their security interests under U.C.C Article 9, ideally by means of a well-drafted security agreement. Professor of Law Margit Livingston discusses the concept...
This backgrounder briefly describes the U.S. Treasury Department's latest plan for dealing with the banking and financial crisis, the Public-Private Investment Program. It states in part:
On March 23, the U.S. Treasury Department outlined its...
Statements made by litigants and their attorneys in
judicial proceedings cannot form the basis for a defamation
action because they are protected by an absolute privilege. But what if an
attorney, desirous of increased media exposure, takes copies of...
and Materialmen's (M&M) liens have long been favored under Texas law. This
article will set out the basis for both types of liens, provide practice tips
to help those who might be required to work in this area and present to the
Picard v. Wood , C.A. No. 6526-VCG (Del. Ch. July 12, 2012).
Whether a member of a limited partnership is subject to personal jurisdiction in Delaware based on that status alone.
Short Answer : No.
by Vince Crisler
The sophistication and capacity
of the cyber insurance market has evolved in the last five years. Cyber
insurance can fill the insurance gap but mitigating cyber security risks with
cyber insurance is not a simple solution. Counsel...
On this edition, David Bender, solo practitioner and Adjunct Professor
at the University of Houston Law Center, discusses why privacy is so
important, practical tips for dealing with a data security breach,
federal statutes and state laws that come...
by Andrew M. Gold
It appears that the courts are
growing more restrictive in permitting personal jurisdiction to be based solely
on a defendant's internet based contacts in a forum state. Indeed, it appears
that the "effects" of a defendant's...
Revised U.C.C. Article 9 imposes a clear, specific, objective rule for measuring the sufficiency of a financing statement filed under a name other than the debtor's correct name. In examining this “single search” standard, Professor of...
In a classic understatement, Judge Gale said in a North Carolina Business Court opinion last Thursday that " North Carolina case law addressing problems inherent in electronic discovery. . .is not yet well developed ." Op. ¶50. But in Blythe...
Mr. Lauer writes: Absent good communication, in-house
and outside counsel's ability to work together effectively to represent their
mutual client will suffer. Establishing good channels between the in-house and
outside attorneys is necessary at the...