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Prepping for the 2010 Amendments to Article 9 of the UCC
As many readers are aware, substantial revisions to Article 9 of the Uniform Commercial Code (“UCC”) became effective in all 50 states and the District of Columbia in 2001 or shortly thereafter. See Revised Article 9. Secured Transactions (with conforming amendments to Articles 1, 2, 2A, 4, 5, 6, 7, and 8). Although these amendments have worked well and simplified commercial law and practice in important respects, enough ambiguities and frictions between theory and practice have arisen over the past decade to justify statutory fine tuning. Accordingly, in 2008, the Uniform Law Commission (“ULC”) and the American Law Institute (“ALI”) set to work on evaluating and improving Article 9. A set of amendments which were completed in May 2010 by the ULC and the ALI (“2010 amendments”) reflecting these efforts is ready for consideration by state legislatures. This article discusses some of the troublesome issues that prompted the work of these commercial law grandees and the solutions contemplated by the 2010 amendments.
Debtor Name
The notice filing system lies at the bedrock of Article 9. As financing statements are indexed by debtor name, using the correct debtor name on the financing statement is the key to perfection in this system. In the language of the statute, a financing statement is effective only if it “provides the name of the debtor.” Current UCC ' 9-502(a)(1).
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.