by Jamie Watkins Bruno
Under Article 9 of the Uniform Commercial Code ("UCC"), a
secured party perfects its security interest in investment property - such as
certificated and uncertificated securities, securities accounts and commodity...
One of the commonly asked questions that entrepreneurs
ask their attorneys when forming a company is where to incorporate it. Most
frequently, companies choose between incorporating in their home state and
registering in Delaware.
If a literal reading of 28
U.S.C. 1441 (the forum defendant rule ) would lead to an absurd result, then
it should not be interpreted that way, according to a recent decision of Judge Morgan of the Norfolk Division of
the Eastern District of Virginia...
Left in place, the $85 billion in automatic federal
spending cuts that went into effect on March 1 - a.k.a. "the
sequester" - will set criminals free, delay flights, lock kids out of day
care and send thousands of teachers and police to the...
On February 12, 2013, President
Obama signed the Executive Order: Improving Critical Infrastructure
Cybersecurity designed to strengthen the cybersecurity of critical
infrastructure. This Order expands information sharing with critical
Wednesday of last week in Patriot
Performance Materials, Inc. v. Powell , 2013 NCBC 10 was
appropriately timed for the day before Valentine's Day.
Powell, the Defendant, had a
50% interest in several businesses with Henderson, one...
Chicago - The Commercial Law League of America is
pleased to announce that former Chicago Mayor Richard M. Daley will present the
2013 CLLA Chicago/Spring Convention keynote presentation.
A former Cook County state's attorney and state senator...
Jennifer Taylor worked for Allied Waste Industries. When
Allied merged with Republic Services, Inc., Taylor found the new management's
style different and problematic. Her new supervisors were described as
"micromanagers," and Taylor...
Under the new SBA rules, a business participating in the
SBIR program is no longer required to be majority owned and controlled by U.S.
citizens or permanent resident aliens or by a single business that is majority
owned and controlled by U.S. citizens...
The 2010 Amendments to UCC Art.
9, effective July 1, 2013, do not make sweeping changes to the overall
structure and rules of existing Article 9, but in a few key areas, the drafters
have significantly altered the current statutory provisions to simplify...
by Robert S. Fisher
Indications have begun to
appear about possible problems in unsecured and secured personal property
financing with respect to the giving of satisfactions and releases by
unauthorized parties in all types of lending. Some of the...
The case of Blythe v. Bell is like the gift that
keeps on giving. It generated two significant opinions last year, and
this week a third and a fourth. The July
2012 opinion was a major e-discovery decision, and the December
2012 opinion addressed...
If you're going to file a lawsuit against someone, you'd
better explain the basis for it. A complaint doesn't need to include much
detail, but it must at least allege facts showing that you've been wronged and
that you are entitled...
In a decision with important
consequences to businesses that enter into contracts with consumers, the
Supreme Court of California in Riverisland Cold Storage, Inc. v.
Fresno-Madera Production Credit Association , 2013 Cal. LEXIS 253 (2013...
Issues concerning the timing of
contract formation might be assumed to be well settled in the archives of
fundamental contract doctrine. In Schnabel v. Trilegiant Corporation [ an enhanced version of this opinion is available to lexis.com...
The debtor name issue has been
a troublesome one for decades. Legislative and judicial attempts to grapple
with it have not been entirely successful. Once again, the drafters are hoping
that this latest round of amendments will finally resolve this...
Late last year, the United States District Court of
Nevada handed down a ruling that has significant consequences for companies
engaged in commerce on the internet. In re Zappos, Inc. , 2012 U.S.
Dist. LEXIS 141803 (D. Nev. Sept. 27, 2012) [ an enhanced...
If you've been practicing law for more than a few years,
you've undoubtedly been asked to "domesticate" in North Carolina's
courts a judgment entered in another state. A pretty easy task you think,
covered by North Carolina's...
One of the reasons why many parents strictly regulate
their kids' TV time is because of the advertising that the kids see on TV. A
majority of the TV ads are about food, and they typically do not include the
healthiest food choices. In the country...
If a secured party properly
perfects its security interest by filing a financing statement in the
appropriate public office, it can normally be assured that it will prevail over
a lien creditor (including the trustee in bankruptcy) in a fight over...
Have you ever received unsolicited advertising in the
form of a text message? These forms of solicitations may be illegal under the
Telephone Consumer Protection Act ("TCPA") which restricts telephone
solicitations and the use of automated...
The normally impregnable status
of the senior perfected security party is justified by the need to facilitate
the extension of secured credit at reasonable interest rates. But in the case
of buyers in the ordinary course of business, the policies work...
WASHINGTON, D.C.- (Mealey's) Courts must calculate the
amount in controversy in class suits rather than focus on the amount being
sought by a class representative in deciding in which jurisdiction a class
complaint belongs, Theodore J. Boutrous...
Suppose that an employer in New York State has decided
(for a legitimate, nondiscriminatory reason) to end its working relationship
with a particular worker. Is the employer best off firing the worker outright or, instead, offering the worker