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The Business Lawyer | Fall 2023

Volume 78, Issue 4


Contracting for Default

Wm Robertson Dorsett

The article provides bankruptcy practitioners, market participants, and academics with tools to analyze credit default swaps (CDS), “engineered” transactions.

Nov 08, 2023 68 min read

Uniform Commercial Code Survey


Jennifer S Martin

Article 2 of the Uniform Commercial Code applies to transactions in goods and defines goods to include all things that are movable at the time of identification to the contract.

Nov 08, 2023 20 min read


Dominic Liberatore, Stephen T Whelan, and Edward K Gross

This survey covers several 2022 cases involving disputes among parties to equipment leases or other personal property financings and cases involving third parties claiming to have related rights or i…

Nov 08, 2023 14 min read


Robert James Dinicola and Stephen Krebs

The federal regulatory update section of the survey discusses 2022 payments-related federal regulatory developments. The Articles 3, 4, and 4A sections of the survey describe 2022 case law arising u…

Nov 08, 2023 28 min read

Letters of Credit

Carter H Klein

The survey covers LC cases on jurisdiction, what is a Letter of credit, injunctions, noncompliance of documents, sanctions, expiration, timely notice of dishonor, force majeure, statute of limits, wr…

Nov 08, 2023 16 min read

Article 7: Documents of Title

Anthony B. Schultz

The survey piece covers Article 7: Documents of Title of the Uniform Commercial Code. It provides case updates and a brief legislative update.

Nov 08, 2023 3 min read

Investment Securities

Carl S Bjerre

Discussion of Delaware Supreme Court's Estate of Malkin case on the contours of an adverse claim under UCC Article 8.

Nov 08, 2023 9 min read

Personal Property Secured Transactions

Stephen L Sepinuck

The survey piece covers Article 9 of the Uniform Commercial Code. It covers the scope of Article 9, attachment of a security interest, perfection of a security interest, priority, and enforcement of…

Nov 08, 2023 31 min read


Wayne R Barnes

This annual update on federal CISG cases contains discussions of several CISG important issues. The cases touch on issues of scope and applicability of the CISG, choice of law, good faith, breach of…

Nov 08, 2023 16 min read