Volume 78, Issue 4
Law is underdeveloped on motivations justifying court scrutiny of fiduciary and stockholder decisions. This Article uses “decoupling” framework to urge changes in approaches to fiduciary decisions, “…
A recent circuit split offers the opportunity to reexamine the Supreme Court's 1964 decision, J.I. Case Company v. Borak. Six decades of subsequent precedent has raises substantial doubt about Borak…
This article uses practitioner surveys to understand how the Biden administration’s antitrust agenda has affected merger review, investments, decision making, and counsel.
The article provides bankruptcy practitioners, market participants, and academics with tools to analyze credit default swaps (CDS), “engineered” transactions.
The introduction to the Uniform Commercial Code Survey highlights the topics of the survey, including: domestic and international sale of goods, personal property leases, payments, letters of credit,…
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.
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…
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…
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…
The survey piece covers Article 7: Documents of Title of the Uniform Commercial Code. It provides case updates and a brief legislative update.
Discussion of Delaware Supreme Court's Estate of Malkin case on the contours of an adverse claim under UCC Article 8.
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…
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…