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It happens every time we have a “recession” or economic turndown. But this time it is more daunting, not only given the severity of the economic situation, but also given the demographic realities. The talent crunch when the economy turns up and firms are hiring again will be magnified because so many Boomers are approaching the age when they will “retire” from current positions ' voluntarily or involuntarily.
In any case, they may be gone. And many are managers, firm and practice leaders as well as subject matter experts. Will there be enough people trained, experienced and ready to capably step into their shoes? How will the Boomers who want to stay be productively employed for mutual benefit?
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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.
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