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It is with great sadness that The Bankruptcy Strategist announces the passing of long-time editorial board member Harvey Miller of Weil, Gotshal & Manges on April 27 at the age of 82. Widely recognized and respected as a brilliant and innovative practitioner, Mr. Miller was also known as a passionate mentor and teacher. He was responsible for creating Weil's bankruptcy practice, developing it into a restructuring powerhouse and playing a pivotal role in nearly every landmark bankruptcy case over the past 20 years.
Lauded with countless awards over the course of his career, Mr. Miller was named one of the Top 50 Big Law Innovators of the Last 50 Years by The American Lawyer in 2013. In that special report, he was highlighted as one of 10 lawyers who created practice specialties, and was recognized for transplanting bankruptcy from boutiques to the large firm environment.
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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.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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