Revised Article 9's Assignment Provisions: An Analysis
December 02, 2005
Chapter 4 of Revised Article 9, titled "Rights of Third Parties," deals with several issues affecting the assignment of accounts, leases, and other contract rights. See, in particular, Sections 9-403 to 9-409. These sections replace former Sections 9-206 and 9-318 and part of Section 2A-303. This article summarizes some of the key provisions of Chapter 4 of Revised Article 9, compares these provisions to former Article 9, and describes a few recent cases under this Chapter. Note that different rules apply in a consumer transaction or if the account debtor is an individual who incurred the obligation primarily for personal, family or household purposes; this article does not address these issues. In addition, this article does not address the assignment of a health care insurance receivable.
Is Your Company in Compliance with the Anti-Terrorism Laws?
December 02, 2005
The fourth anniversary of the tragedy in New York has come and gone, and our country remains on alert in an effort to prevent another terrorist attack. While we see frequent warnings published in the news and through industry groups, the heightened awareness those warnings generate does not put our companies in compliance with the laws requiring our participation in the fight against terrorism. This article examines the anti-terrorism laws that affect our industry and outlines best practices for compliance with those laws. It also provides information on enforcement activities that have occurred. It provides a basis for evaluating whether or not your company is in compliance with the anti-terrorism laws.
The Best of MLF 2005: Looking Back at the 'Benchmark' Year
November 30, 2005
Well, it's been an exciting year here at <i>Marketing the Law Firm</i>. As with past practice, this month's issue will be a look back at the year that was. In this issue we will present February (the January issue recaps part of 2004) through July.
LexisNexis Market Intelligence
November 14, 2005
Understanding the business challenges law firms face in obtaining and leveraging Competitive Intelligence is critical for legal IT professionals to help provide the support and expertise marketers need for client development. In addition, keeping up-to-date on new technology tools for law firm marketers will help IT professionals as they drive the technology selection and implementation process.
<b>Media & Communications Corner:</b> Becoming the TV Star You Always Wanted to Be
November 02, 2005
The glamour and cache of being interviewed on CNN or CNBC as a national legal source is quite appealing to many attorneys. Broadcast journalism reaches a broad audience and for many, is seen as more exciting than print. And when other attorneys (deemed not as accomplished as themselves) appear on TV, they often wonder: How can I get there too? The answer is: preparation and some honest reflection.
Using Chapter 11 to Shed Extravagant Benefit Packages
October 28, 2005
In May of this year, a bankruptcy court allowed United Airlines to terminate certain of its defined benefit pension plans, clearing the way for the largest pension default in U.S. history. The default will save United an estimated $645 million a year in pension contributions, part of the $2 billion in annual savings it says it needs to emerge from Chapter 11. United's success has led to speculation that other corporations with generous and/or underfunded pension and other retiree benefit plans will also use bankruptcy to clean 'legacy costs' off their balance sheets. Modification or termination of such liabilities in Chapter 11, however, is not without difficulty.
Corporate Minutes: The Not-So-New Frontier
October 27, 2005
Until recently, the subject of corporate minutes seemed about as interesting ' and received about as much attention ' as watching paint dry. However, for a number of reasons, the subject now receives considerable attention from the legal and corporate governance communities, and from boards of directors themselves.
Judge's Order Shows Contempt for Doctors' and Lawyers' Tactics
October 07, 2005
As anticipated, Judge Janis Graham Jack's written Order 29 in the <i>In re Silica Products Liability Litigation</i> multidistrict litigation ("MDL") was far from complimentary to the plaintiff bar. The order, dated June 30, addresses subject matter jurisdiction, admissibility of evidence and sanctions for some lawyers Judge Jack basically deemed charlatans. The order followed the defendants' presentation of evidence during a 3-day hearing in February in the U.S. District Court for the Southern District of Texas, Corpus Christi Division, which showed that many of the claims under investigation were brought on the basis of faulty or nearly nonexistent medical diagnoses.
Corporate Crisis Management
October 05, 2005
Fielding a Winning Team for Shareholders Wichita, KS, was an unlikely spot for finding metaphors. Sitting in a rental car on the steaming asphalt outside…
The MLF 50: More From the Top Firms
October 03, 2005
In my continuing effort to present as many of the firms that were listed in the MLF 50, I am pleased to profile Baker & McKenzie (No. 6) and Carlton Fields (No. 22) in this issue of <i>Marketing The Law Firm</i>.
