Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
A Tale of Two Cases: Mobile Goods Require Uniformity of State Statutes
Nationwide uniformity of commercial laws has always been a fundamental goal of the drafters of Article 9 of the Uniform Commercial Code. One area, though, that has continually eluded standardization is perfection of liens on mobile goods. Financiers of mobile goods, including vehicles, vessels, trailer homes and modular offices, must grapple with arcane certificate of title statutes that vary widely from state to state. Other state statutes that regulate title and lien interests in mobile goods can become a trap for the unwary. The nature of mobile goods makes uniformity among state statutes a compelling issue for financiers.
Two recent Federal Court of Appeals decisions, In re Charles, 323 F.3d 841 (10th Cir. 2003) and In re Kroskie, 315 F.3d 644 (6th Cir. 2003), illustrate the perils of lien perfection on mobile assets. In re Charles, a decision of the 10th Circuit Court of Appeals, addressed a novel perfection issue in Kansas. The facts were as follows: Robert Charles entered into a “Master Lease Agreement” with The CIT Group/Equipment Financing, Inc. (CIT) which gave him a leasehold interest in several trucks. CIT was named as the owner of the trucks on the certificate of title issued by Kansas. Three years later, Charles filed for bankruptcy. The trustee in bankruptcy argued that the “Master Lease Agreement” was a disguised security agreement and that the interest in the trucks was unperfected under Kansas law because CIT was not named as a lienholder on the title certificate.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.