Features
Understanding and Mitigating the Legal Risks of Cloud Computing
Information governance policies and procedures can be developed to reduce the risks and realize the benefits of cloud computing.
Successful Mediation of Leasing Disputes
This article examines some of the key issues involved in a successful mediation. The article is framed as a conversation between lawyer and mediator.
Features
State Legislatures Consider UCC Article 9 Amendments
In early 2009 we reported about the formation by the Uniform Law Commission and the American Law Institute of a drafting committee to consider the first comprehensive set of changes to Article 9 of the Uniform Commercial Code since the amendments approved in July 1998. Given that approximately six months have elapsed since the launch of the legislative approval process for the 2010 amendments, we thought it an opportune time to review the progress of adoption of these amendments.
Features
The Case of the Broken Checklist
Intellectual property rights, such as a domain name, and trademarks and copyrights, can far outweigh an e-commerce enterprise's (and other types of businesses') tangible assets in value — and must be covered in the checklists that loan officers and outside counsel review to complete loan documentation.
Features
Opinion Says Lawyers May Check Jurors' Online Activity
Attorneys may monitor jurors through online social networks as long as they do not contact the jurors or in any way make their monitoring known to them, the New York County Lawyers' Association said in a recent ethics opinion.
Strategic Buyers Go to 'School' on Financial Buyers
<i>The Corporate Counselor</i>'s editor-in-chief recently had the pleasure of attending the Dealmakers' Summit, a unique private event dedicated to the discussion and analysis of hot-button topics currently facing equity investors, advisers, and their bankers. He reports on the lively debate.
Crafting Arbitration Clauses
A well-crafted arbitration clause, written before a dispute arises and trust has broken down among the parties, can effectively address the concerns that have been expressed about arbitration. This article tells you how to draft one.
Navigating the Potentially Conflicting Demands of U.S. Discovery Obligations and EU Data Protection Laws
Complying with U.S. discovery demands can involve enormous effort and expense, even in the best of circumstances. But the process can become even more difficult when EU data protection laws prohibit the disclosure of the requested information.
Features
The SEC's Renewed Focus on Regulation FD
In the past 18 months, the SEC has brought two Regulation Fair Disclosure ("Regulation FD") enforcement actions. While this number may not appear particularly significant, past history (the SEC brought seven enforcement actions from 2002 to 2005) and recent SEC guidance indicates that the SEC has renewed its emphasis on enforcing Regulation FD.
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MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis 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.Read More ›
- The Article 8 Opt InThe 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.Read More ›
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- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›
- The Stranger to the Deed RuleIn 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.Read More ›