The Anti-Assignment Override Provisions
July 02, 2014
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?
Coverage Disputes over Data Breaches
July 02, 2014
Each day, businesses become progressively more dependent on computers and the Internet to gather, store and protect information. But, as sophisticated as this technology may be, it has also proven to be susceptible to breaches, which have time and again resulted in the unauthorized access of confidential information.
Losing Customer Data Means Losing Customers, Period
July 02, 2014
Becoming the next Target can be toxic for companies, particularly those in the finance, health-care and retail sectors, which usually collect and store customers' personally identifiable information (PII).
The Death Benefit Only Plan for Non-Profits
July 02, 2014
The Death Benefit Only (DBO) Plan for Non-Profits is an arrangement in which the employer, a 501(c) non-profit organization, agrees to pay the actuarially determined cost of the current death benefit on a permanent life insurance policy to be owned by the employee or employer. The employer and employee enter into a written agreement that ordinarily requires the employer to make premium payments as long as the employee works for the employer.
Industrial and Warehouse Leases
June 02, 2014
The variety of potential uses for the building can make an industrial lease extremely complex. Under-negotiation of the lease by either landlord or tenant can result in unexpected costs and issues.
First-Amendment Defenses Against Whistleblowers
June 02, 2014
The First Amendment prohibits restrictions on speech, including compelled speech. However, mandatory disclosures have long been the linchpin of several major regulatory schemes.
Bit Parts
June 02, 2014
Harlequin Authors' e-Book Royalties Suit Continues on "Unrelated Licensees" Rate Claim<br>New York Federal Court Sees No Joint Venture in Agreement Between Slip-N-Slide Records and Island Def Jam Music