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Good business practice requires that companies take steps to ensure that their employees comply with company policies as well as with the laws, rules, and regulations that apply to them and their industry. An increasingly important part of that practice involves monitoring and storing electronic documents, including e-mails and their attachments and managing these documents throughout the information lifecycle. While an electronic document may have a direct business use of only a few minutes ' perhaps to signal agreement to a contract term ' this same document may have an afterlife of many years, during which it needs to be retained and managed.
Other documents may also present risks to the company. These risks need to be identified and mitigated. An adequate compliance program insures that documents that need to be retained are archived, and only archived for as long as necessary, and that risks be identified and mitigated effectively.
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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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