Follow ABA
Volume 67 - Number 4
Articles
Campbell, Iridium, and the Future of Valuation Litigation
67(4): 939 - 956 (August 2012)
Five years ago, two landmark federal court valuation decisions, Campbell and Iridium, held that market evidence-rather than the testimony of paid litigation experts-should be relied on to value corporations for purposes of litigation. While a number of decisions have followed Campbell and Iridium, their full potential to make business valuation litigation less costly and less susceptible to hindsight bias has yet to be realized.
Closing Time: You Don't Have to Go Home, But You Can't Stay Here
67(4): 957 - 976 (August 2012)
In a significant trend, U.S. courts are increasingly rejecting cases involving foreign plaintiffs or foreign conduct. This trend was accelerated by the U.S. Supreme Court's decision in Morrison v. National Australia Bank Ltd., which established that U.S. securities laws cannot be applied extraterritorially. Lower courts have extended the presumption against extraterritoriality to other federal and state statutes.
Reports
Annotated Trust Indenture Act
67(4): 977 - 1192 (August 2012)
The Annotated Trust Indenture Act (the "Annotation") is the product of a project of the Committee on Trust Indentures and Indenture Trustees (the "Committee") of the American Bar Association Section of Business Law. The end result of the project is an annotation of the Trust Indenture Act of 1939 (the "TIA" or the "Act"), which is set forth in the pages that follow.
Model Consent to Assignment for Project Finance Transactions (with Commentary)
67(4): 1193 - 1224 (August 2012)
The model Consent to Assignment and accompanying commentary have been prepared by the Project Finance and Development Committee of the American Bar Association's Section of Business Law as a reference available for use by practitioners when negotiating and documenting the terms of a project finance transaction requiring such an agreement.
Survey
The Uniform Commercial Code Survey (Aug 2012)
This survey focuses on the most important developments in 2011 dealing with the U.C.C.
The Uniform Commercial Code Survey: Introduction (Aug 2012)
67(4): 1225 - 1226 (August 2012)
This survey focuses on the most important developments in 2011 dealing with the U.C.C.
Sales (Aug 2012)
67(4): 1227 - 1244 (August 2012)
This survey focuses on the most important developments in 2011 dealing with the U.C.C. This section focuses on sales.
Leases (Aug 2012)
67(4): 1245 - 1256 (August 2012)
This survey focuses on the most important developments in 2011 dealing with the U.C.C. This piece focuses on leases.
Payments (Aug 2012)
67(4): 1257 - 1280 (August 2012)
This survey focuses on the most important developments in 2011 dealing with the U.C.C. This piece focuses on payments.
Letters of Credit (Aug 2012)
67(4): 1281 - 1292 (August 2012)
This survey focuses on the most important developments in 2011 dealing with the U.C.C. This section focuses on letters of credit.
Documents of Title (Aug 2012)
67(4): 1293- 1298 (August 2012)
This survey focuses on the most important developments in 2011 dealing with the U.C.C. This section focuses on documents of title.
Investment Securities (Aug 2012)
67(4): 1299 - 1310 (August 2012)
This survey focuses on the most important developments in 2011 dealing with the U.C.C. This section focuses on investment securities.
Personal Property Secured Transactions (Aug 2012)
67(4): 1311 - 1336 (August 2012)
This survey focuses on the most important developments in 2011 dealing with the U.C.C. This section focuses on personal property secured transactions.
International Sale of Goods (Aug 2012)
67(4): 1337 - 1350 (August 2012)
This survey focuses on the most important developments in 2011 dealing with the U.C.C. This section focuses on the related Contracts for the International Sale of Goods.
Survey
Global Sales Law: An Analysis of Recent CISG Precedents in U.S. Courts 2004-2012
This survey analyzes, exhaustively, the decisions issued by U.S. courts applying the Convention on Contracts for the International Sale of Goods (“CISG”) in the period 2004 to early 2012.
