Statute
Uniform Commercial Code
278 published works
Cleary FinTech Update
UCC Digital Asset Amendments Finalized
By Sandra M. Rocks, Penelope L. Christophorou, Brandon M. Hammer, Alec Foote Mitchell, Kathryn Witchger
This month, the sponsors of the Uniform Commercial Code (“UCC”) approved wide-ranging amendments to the UCC (the “2022 UCC Amendments”)[1] to provide workable rules for emerging technologies, such as distributed ledger…
Florida Construction Legal Updates
DOES THE UCC APPLY TO THE CONTRACT FOR THE SALE OF GOODS AND SERVICES
What governs the transaction for the hybrid contract that includes both goods and services–the Uniform Commercial Code (UCC) or the common law? A question that is asked in numerous disputes. A…
Consumer Financial Services Law Monitor
Complaint Dismissed Where Hacker-Induced Wire Transactions Authorized by Bank’s Customer
By Mary C. Zinsner, Susan Flint, Andrew Buxbaum, Elizabeth Briones
A federal district court in New Jersey recently dismissed a complaint against a bank filed by a commercial customer duped by a business email compromise incident. The case involved four…
Business Law Legal Research Blog
BANKING: Standing to Enforce UCC Midnight Deadline Rule
By pferrernlrg-com-paul-a-ferrer
Paul Ferrer—Senior Attorney, National Legal Research Group As part of the check collection process governed by Article 4 of the Uniform Commercial Code (“UCC”), the “midnight deadline” rule of…
Consumer Financial Services Law Monitor
Supreme Court of Virginia Rules Payable-on-Death Beneficiary Lacks Standing to Enforce UCC Midnight Deadline Rule
By Elizabeth Briones, Mary C. Zinsner, Susan Flint, Andrew Buxbaum, Sarah Siu, Elizabeth Andrews
The Uniform Commercial Code's (UCC) midnight deadline rule imposes an obligation on payor banks to return dishonored checks before midnight of the next business day after the date of receipt…
Motiva Business Law
The Laws That Govern Contracts
In order to understand if a contract is valid we must first understand the laws that govern contracts. There are three different types of laws that govern contracts: common law,…
Ogden Glazer + Schaefer Blog
How to Protect a Trademark as Collateral on a Loan (Part 1)
Working for a firm that does a high volume of work with intellectual property allows for deeper dives into IP-related issues. One example involves situations where a lender has loaned…
Larkin Hoffman Real Estate and Construction Blog
Mind the Gaps Redux
Some time ago I posted about minding the gaps that can happen where the world of common law contracts meets Article 2 of the Uniform Commercial Code (“UCC”). I see…
Restructuring Matters
UCC Financing Statements and Debtor Name Errors: The Litigation Continues
By Scott Lessne
Article 9 of the Uniform Commercial Code, adopted in all fifty states plus the District of Columbia with relatively few variations, sets out, among other things, the rules to be…
Indiana Commercial Foreclosure Law
Liability Under Indiana’s Uniform Commercial Code For Breaching The Peace
Lesson. A Lender (secured creditor) could be exposed to liability for breaching the peace (“disturbing the public tranquility or order”) if it refuses to halt a repossession after a borrower…