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In today's world, corporations live and die by the success of their brands. Unfortunately, the world of law remains remarkably detached from what is essentially the lifeblood of the majority of industries. It is often difficult to differentiate one top-tier law firm from another, which is in sharp contrast from the marketing efforts of other service sectors such as accounting, management consulting or investment banking. Branding is essential to business development, regardless of industry sector.
Pictures tell a story both literally and figuratively, and it is what corporate America ' a law firm's clients ' have been doing for over a century. When you hear the name McDon-ald's, you immediately think of the “Golden Arches” and consistent fast food at a reasonable price. With Nike, you have the “Swoosh” and think of athletic wear as well as athletic achievement.
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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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