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Prepping for the 2010 Amendments to Article 9 of the UCC
As many readers are aware, substantial revisions to Article 9 of the Uniform Commercial Code (“UCC”) became effective in all 50 states and the District of Columbia in 2001 or shortly thereafter. See Revised Article 9. Secured Transactions (with conforming amendments to Articles 1, 2, 2A, 4, 5, 6, 7, and 8). Although these amendments have worked well and simplified commercial law and practice in important respects, enough ambiguities and frictions between theory and practice have arisen over the past decade to justify statutory fine tuning. Accordingly, in 2008, the Uniform Law Commission (“ULC”) and the American Law Institute (“ALI”) set to work on evaluating and improving Article 9. A set of amendments which were completed in May 2010 by the ULC and the ALI (“2010 amendments”) reflecting these efforts is ready for consideration by state legislatures. This article discusses some of the troublesome issues that prompted the work of these commercial law grandees and the solutions contemplated by the 2010 amendments.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.