Questions regarding Article 9 compliance are on the rise, as more lenders seek to recover non-real estate collateral to recoup some of the cash lost in commercial and consumer loan defaults.  As we've discussed in previous articles, secured lenders are in a better position than unsecured lenders, but they are required to comply with Article 9 of the Uniform Commercial Code (UCC) to correctly dispose of collateral securing a defaulted loan.  Failure to properly comply with Article 9 procedures could prevent a lender from recovering a loan deficiency after disposition of the collateral, or give another party grounds to bring an action for damages.Read More

Businesses around the world are in a constant state of flux as newer, faster technologies emerge to enhance the flow of communication and productivity.  Time is money in the truest sense, and every technological advancement a business implements can represent money in the bank.  As a commercial litigation and transactions law firm, we consider it inherent in our mission to consider the advantages and disadvantages of applying technology in a commercial environment. In this series of articles, we will discuss e-signatures in commercial transactions, their legality and enforceability, and some practice points for presenting evidence of an e-signed contract if you find yourself in court.Read More

The Murky Waters of Dodd-Frank and the Penalties for Non-Compliance, Or "When a Bargain Basement LPO Provider is a Bad Idea"

Over the last few years, the combination of tighter corporate belts, faster global communication, and cheap labor overseas led to moderate growth in the thorny world of legal process outsourcing (LPO).  Hoping to shave legal budgets, large companies shopped online for common, low-risk legal services such as legal research and contract reviews.Read More 

Tips for Understanding and Negotiating the Best Commercial Lease Agreement Possible for Your Business  

A commercial lease is a written contract that is meant to be a binding agreement for the rental of specific property or space for a specific time.  Signing the agreement means you agree to be bound by its terms.Read More

Finding capital funding for a new business or to grow an existing business can be a daunting job, but growth and progress often go hand in hand.  As the nation works to shake off the effects of the recession, businesses are scrambling for positions at the front of the pack.  Commercial lenders and venture capital firms alike stand to benefit from the rise in demand for capital.

These are some of the most common sources of money for business start-ups and expansions: Read More 

Hostess May Be Dismantled, But Will Twinkies Make a Come Back? 

Hostess Brands, Inc. sought chapter 11 bankruptcy protection earlier this year.  When efforts to restructure failed, the company asked the court for permission to liquidate its assets.  The bankruptcy court granted permission last month, and the company began the process of winding down the 82-year-old business. Read More

CFPB Delays Effective Date of Remittance Rule and Promises a Revision Soon 

We recently reported about the \ Consumer Financial Protection Bureau's (CFPB) final remittance rule issued on August 20, 2012 to implement another facet of the Dodd-Frank Act. The rule is directed to companies that send money abroad for consumers, as well as other organizations that work with or represent consumers who send money abroad, including agents, software providers, foreign banks and others involved in international fund transfers from the United States.Read More

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