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As the memory of a nail-biting Super Bowl game recedes, we can reflect on a combination of talent, skill development and performance by players that could not be touched by teams of the 1960s and 1970s. They are not just bigger and faster. They are more completely developed, in every attribute that might contribute to performance success. James Surowiecki, in an article in The New Yorker (Better All the Time, Nov. 10, 2014), examines the impact of skill development across several sports and notes that “Today in sports, what you are is what you make yourself into. Innate athletic ability matters, but it's taken to be the base from which you have to ascend.”
In contrast, despite the shakeups in the legal industry, the exiting of partners, and increased competitiveness, can we say that law firm partners are using all the tools that might make them fully developed? Or will we look back at most firms of today and conclude that the star players were like the NFL players of yesteryear?
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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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