Collateral Descriptions and Blanket Liens
August 02, 2015
Describing the collateral for an all-assets lien intuitively might seem easy. However, getting collateral descriptions correct under the rules of Article 9 of the Uniform Commercial Code (UCC) has challenged secured lenders for decades, and all-assets liens are no exception. A look at two recent cases.
Underground Storage Tanks
August 02, 2015
There are over a half-million underground storage tanks in the U.S. containing petroleum or other substances that are subject to federal regulation. This is in addition to the countless underground and above-ground tanks storing heating oil or other substances that are not subject to federal oversight. This article presents a regulatory overview and discusses coverage issues.
Cooperatives & Condominiums
August 02, 2015
The purchaser of a cooperative apartment at a non-judicial foreclosure sale faces an uphill battle to regain possession of the property from an unwilling prior owner. Here's why. Also, a look at an action by a co-op unit owner against the co-op for trespass, conversion, and breach of the covenant of quiet enjoyment.
MT Court: Companies Must Show Prejudice to Avoid Coverage Based on Late Notice
August 02, 2015
In two recent decisions, the Montana Supreme Court held that an insurance company seeking to deny coverage on the grounds of a policyholder's untimely notice must establish that it was prejudiced by the timing of notice.
District Court Affirms Cramdown Interest Rate Calculation
August 02, 2015
An update on the <I>Momentive</I> series of cases regarding the cramdown interest rate. Where do we go from here?
Real Property Law
August 02, 2015
Litigation involving a forgery claim; partition and sale; a foreclosure proceeding; restrictive covenants; and recovery of damages for breach of a title insurance policy.
Tackle Billing Now To Avoid a Year-End Surprise
August 02, 2015
Attorneys rarely think about billings and collections in the summer. Instead, those are topics often left to the year-end collections push. By waiting, however, attorneys lose money, assume risks and otherwise miss important red flags for potential problems that can be avoided or resolved.
Easy-to-Use Collection Technology Leads to Lower e-Discovery Costs
August 02, 2015
Corporate legal departments are all about cost control and efficient processes, yet when hit with a new investigation or lawsuit, legal teams often reflexively fall back on the "collect everything" mentality. The emergence of targeted and remote collection technologies now makes it possible for corporations to collect in a legally defensible way that reduces cost and minimizes business disruption.
Law Firm 3.0: Compensation, Billable Hour Limiting Firms' Success
August 02, 2015
This is the second installment of a series examining the shift in law firm business models and the issues law firms must address to remain competitive in a new age of providing legal services. The third installment will appear later this year.
Proxy Advisory Firms
August 02, 2015
For the past several years, I have been tasked with providing an update on proxy advisory firms, most notably ISS and Glass Lewis, and the evolving policy updates they issue on an annual basis.
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