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Intercreditor Agreements
Editor's Note: This is the fifth article in a series covering various aspects of intercreditor agreements.
Sometimes, you just cannot win. You can do everything correctly. You can plan, prepare and execute flawlessly. You can have the stars and planets in alignment. And, yet, none of that may matter in the end. Life is not fair. Of course, as one of my former law school professors said, “fair” is a four-letter word, especially in the practice of law.
The case of Southern Fidelity Managing Agency, LLC v. Citizens Bank & Trust Co., 2014 WL 129336 (D. Kan. 2014), illustrates how an intercreditor agreement may not cure all ills facing a secured creditor. In addition, Southern Fidelity allows us the opportunity to view the intersection of intercreditor-related concepts such as syndications, subordinations and participations.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?