The Route to Federal Court Clarified
February 28, 2012
While the Jurisdiction and Venue Clarification Act of 2011 does not change the jurisdictional requirements for removal, and the basic removal procedures are left largely unchanged, the Act does in-house and outside counsel a service by settling removal issues that often varied by circuit, including the first-or-last-served defendant rule, the standard for measuring the amount in controversy, and the permissibility of exceptions to the one-year bar.
Prepping for the 2010 Amendments to Article 9 of the UCC
February 27, 2012
In 2008, the Uniform Law Commission and the American Law Institute 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 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.
Proving Contributory Online Trademark Infringement
February 01, 2012
The ubiquity of the Web on computers, mobile phones and tablets offers businesses the opportunity to connect with consumers throughout the world in ways they never could before. Unfortunately, along with the success of legitimate online commerce, the distribution and sale of counterfeit products through professional-looking websites has also increased dramatically, particularly in the clothing, consumer electronics, pharmaceutical and footwear industries.
Equipment Leasing in 2012
January 27, 2012
As we enter 2012, the hyper-competitive nature of municipal lease financing, paired with borrowers' significant financial challenges, demands creative thinking and savvy leadership from lenders as well as borrowers.
What's New in the Law
January 27, 2012
Highlights of the latest equipment leasing cases from around the country.
Bankruptcy Preferences: They Haven't Gone Away
January 27, 2012
A recent case, <i>O&G Leasing, LLC v. First Security Bank</i> provides a timely reminder to lenders that the power to avoid preferences remains a potent and oft-used weapon in the trustee's arsenal.
How to Recognize and Remedy an Unauthorized Financing Statement
December 20, 2011
Recently, individuals including prison inmates and members of antigovernment groups — some considered "domestic terrorists" by the Federal Bureau of Investigation — have been utilizing the relaxed filing requirements of the Uniform Commercial Code, Article 9, to file and record false UCC-1 financing statements against individuals, companies and law enforcement officials.