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Uniform Commercial Code (UCC)

Cadwalader, Wickersham & Taft LLP

Structuring for Control, February 2026 - Payment Direction Letters: Their Role and Usage in NAV Financings

In net asset value (“NAV”) financings, a payment direction letter (“PDL”) is a useful tool that may be entered into in order to control the flow of cash from the underlying portfolio investments directly to a lender...more

Ervin Cohen & Jessup LLP

What Is the Proper Venue for Filing Financing Statements and Judgment Liens When the Entity Involved Was Formed Out of State?

Q: I am a receiver for a Delaware LLC who’s business is operated in California and Nevada. A creditor of the LLC has contacted me demanding   that I turnover the proceeds of receivables I have collected, contending it has a...more

Blank Rome LLP

Practical Guidance for Luxury Brands Navigating Retailer Insolvency

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The ongoing financial distress of luxury brand retailers has raised urgent questions for sellers of luxury brands. For independent brands and institutional luxury houses alike, each distressed situation creates unique...more

Cadwalader, Wickersham & Taft LLP

Possession With Intent to Foreclose

In Wells Fargo Bank, N.A. v. Mitselmakher et. al., the Supreme Court of New York, Richmond County held that Wells Fargo Bank (“Plaintiff”) had standing to foreclose and demonstrated through admissible business records that...more

IR Global

How to Draft, Enforce, and Resolve Disputes Before They Disrupt Your Operations

IR Global on

Contracts in Arizona Business: How to Draft, Enforce, and Resolve Disputes Before They Disrupt Your Operations - Contracts are the foundation of nearly every business relationship. From purchasing goods to exchanging...more

White and Williams LLP

Court Denies Injunction in Battle of Titans of New York Real Estate and Allows UCC Sale of Pledged Equity Interests to Proceed

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On January 27, 2026, Justice Andrea Masley, of the Supreme Court of the State of New York, County of New York: Commercial Division Part 48, issued her Decision + Order on Motion, vacating her prior temporary restraining order...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 342: Listen and Learn -- Warranties and Disclaimers Under the UCC (Contracts)

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Welcome back to the Bar Exam Toolbox podcast! Today we're discussing contract law – specifically, warranties and the disclaimer of warranties under the UCC. We explain both express and implied warranties and how they can be...more

Mayer Brown

Asset-Level Eligibility Series: Delivery of Promissory Notes

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This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, its original promissory note (if any) must be delivered to the collateral agent or custodian....more

Morgan Lewis

New SEC Guidance Provides Regulatory Pathway for DTC Securities Tokenization Services

Morgan Lewis on

The SEC staff issued a no-action letter on December 11, 2025 to the Depository Trust Company (DTC), a subsidiary of the Depository Trust & Clearing Corporation (DTCC) granting relief under certain provisions of the federal...more

Troutman Pepper Locke

Selling a Distressed Asset — PE Pathways Podcast

Troutman Pepper Locke on

This is the second episode in our series on private equity and distressed assets with attorneys from our Bankruptcy + Restructuring and Private Equity practice groups. In this episode, Private Equity Partner Thao Le is...more

ArentFox Schiff

Saks Bankruptcy Watch: Holiday Retail Surge, Luxury Vendor Risks, and a 2026 Survival Guide

ArentFox Schiff on

The 2025 holiday retail shopping season is nearly a wrap. Consumers will be on the hunt for year-end discounts, and gift card purchases likely will surge over the coming days....more

Mayer Brown

Asset-Level Eligibility Series: “Eligible to be Sold” & Transferability Restrictions

Mayer Brown on

This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, the underlying loan must be eligible to be sold and transferred to the facility’s SPV borrower, the...more

Law School Toolbox

Law School Toolbox Podcast Episode 536: Listen and Learn -- UCC Expectation Damages (Contracts)

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Welcome back to the Law School Toolbox podcast! In this episode from our "Listen and Learn" series, we're talking about the expectation damages of sellers and buyers of goods under Article 2 of the Uniform Commercial Code...more

Cadwalader, Wickersham & Taft LLP

Big Digital Apple – New York Adopts the 2022 UCC Amendments

Six months after being adopted by the New York State legislature, the 2022 Amendments to the Uniform Commercial Code (the “2022 Amendments”) were signed into law by Governor Hochul on December 5, 2025. New York becomes the...more

Orrick, Herrington & Sutcliffe LLP

New York Updates UCC Law to Address Emerging Technologies in Commercial Transactions

On December 5, the governor of New York signed into law an act to amend the state’s UCC, aiming to address emerging technologies and update rules for commercial transactions involving virtual currencies. The legislation...more

Morgan Lewis

New York Enacts 2022 UCC Amendments Creating New Regime for Digital Assets Under State Law

Morgan Lewis on

New York has now joined with 32 other states and the District of Columbia in enacting the 2022 amendments to the Uniform Commercial Code (UCC) promulgated by the American Law Institute and the Uniform Law Commission. The...more

Lowenstein Sandler LLP

Crypto Brief - Lowenstein Crypto Newsletter - December 11, 2025

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On Dec. 8, Caroline D. Pham, acting chair of the Commodities Futures Trading Commission (CFTC), announced a digital assets pilot program enabling certain digital assets to be used as collateral in derivatives markets. Pham...more

Alston & Bird

New York Signs the 2022 UCC Amendments, Modernizing the Uniform Commercial Code to Address a New Age of Digital Assets

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New York has enacted the 2022 Uniform Commercial Code (UCC) Amendments, introducing Article 12 and key Article 9 updates that modernize commercial law for digital assets and clarify how interests in these assets can be...more

Lowenstein Sandler LLP

New York Enacts 2022 UCC Amendments, Including Article 12 and Related Article 9 Revisions

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Governor Hochul of New York signed Assembly Bill 3307-A/Senate Bill 1840-A into law, enacting 2022 Uniform Commercial Code amendments, including a new Article 12 governing controllable electronic records and related revisions...more

DarrowEverett LLP

Security That Travels: Cross-Border Perfection in Aviation Finance

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Cross-border aviation finance presents a unique set of legal and practical challenges. As explored in our previous article, the mobility of aircraft, engines, and related assets means that financiers and lessors must navigate...more

Mayer Brown

Second Circuit Poised to Rule on What Law Applies to Consumer Wire Fraud

Mayer Brown on

For years, courts faced with the question of who is liable for unauthorized wire transfers have turned to the familiar provisions of Article 4A of the Uniform Commercial Code (“UCC”)....more

Orrick, Herrington & Sutcliffe LLP

New York Enacts 2022 UCC Amendments: A New Era for Digital Asset Transactions

On December 5, 2025, Governor Hochul signed Assembly Bill 3307-A/Senate Bill 1840-A into law, making New York the latest—and most influential—jurisdiction to enact the 2022 Amendments to the Uniform Commercial Code (UCC)....more

Hinshaw & Culbertson - Consumer Crossroads

No Note? No Problem: Rhode Island Supreme Court Decides that Mortgagees Can Foreclose Without One

The Rhode Island Supreme Court has strengthened the hand of foreclosing mortgage lenders who do not possess the original promissory note. Before the Court’s recent decision in Porch Swing Holdings, LLC v. Wayne A. Mallory,...more

DarrowEverett LLP

Grounded by Complexity: The Challenges of Cross-Border Aviation Collateral

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When airframes, engines, and other aircraft parts cross borders, the value and protection of collateral can shift just as quickly. For cross-border financiers and lessors, the assumption that their interests are fully secured...more

Bradley Arant Boult Cummings LLP

Contract Formation 101: General Contractor Prevails in Dispute with Framing Subcontractor

A contract is an exchange of promises that a court will enforce. In the fast-paced world of construction, disputes often arise over whether the parties actually formed a legally enforceable contract....more

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