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Article 12: Perfection of Security Interests in Controllable Electronic Records

It is well established how to perfect a security interest on general intangibles under Article 9 of the Uniform Commercial Code: filing a financing statement. But is there a better way for a secured party who wants to stay in...more

To Tariff, or Not to Tariff?

Despite the announcement of the inevitability of the impending tariffs on various countries, the 25 percent tariffs on goods from Canada and Mexico are on hold until March 5, 2025, unless an agreement can be reached between...more

Ninth Circuit Holds the Trustee Has Standing, Not the Employee, to Title VII Claims Rooted in the Pre-Bankruptcy Past

The Ninth Circuit’s May 30, 2024 decision in Bercy v. City of Phoenix precludes employees from bringing Title VII employment claims that the employee could have brought before filing for personal bankruptcy. These claims...more

What Does “Debts of the Kind” Really Mean?

Enacted in 2019, Subchapter V of Chapter 11 of the Bankruptcy Code allows small business debtors to reorganize and discharge their debts on special terms. A Subchapter V debtor’s discharge differs depending on whether the...more

Winding Down & Bankruptcy Options for Nonprofit Entities

Nonprofit entities play an ever-growing role in our society, including assisting people in need to building communities, from protecting animals to aiding our environment, and attending to the physical, mental, and spiritual...more

Employer Issues in Bankruptcy

Numerous issues arise when an employer files for bankruptcy. Some of the most crucial issues relate to: (i) priorities for claims of employees; (ii) notices pursuant to the Worker Adjustment and Retraining Notification (WARN)...more

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