Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Revised Article 9's Assignment Provisions: An Analysis
Part Two of a Two-Part Series
Last month's article broke the assignment provisions of Chapter 4 of Revised Article 9 into four key issues: Defenses and claims of the account debtor and what constitutes an enforceable waiver of defenses (Section 9-403) and absent a waiver, under what circumstances are the account debtor's defenses and claims cut off (Section 9-404); Modification and substitution of the assigned contract and under what circumstances are modifications and substitutions effective against the assignee (Section 9-405); Discharge of the obligation and under what circumstances can the account debtor discharge its obligation by paying the assignor or the assignee (Section 9-406(a) – (c) and (g)); and Contractual or statutory restrictions on assignment and under what circumstances can such restrictions be overridden (Sections 9-406(d)(e) and (f); 9-407; 9-408; and 9-409). This month's article will review the relevant and developing case law under Chapter 4 of Revised Article 9 and provide a checklist of “Must Do” items.
Case Law Under Chapter 4 of Revised Article 9
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.
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.
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.