Legal Advice in Business Transactions: Opinions on Security Interests in Private Property Scott FitzGibbon and Donald W. Glazer, 44(3): 655-92 (May 1989) This article recommends an approach to establishing a legal opinion on the security interest of personal property. It also offers a standard interpretation of notifications on secure transactions and reviews support work. Postpetition Security Interests Under the Bankruptcy Code David Gray Carlson, 48(2): 483-533 (Feb. 1993) Section 364 (c) and (d) of the Bankruptcy Code provides for the creation of real and personal property security interests under federal law. This article discusses the quality and nature of these federal security interests, their remarkable immunity prior to the discharge on appeal, and the ability of lenders after the petition to obtain preferences to other creditors through “cross-collateralization” and other clauses. TriBar Opinion Committee Special Report: U.C.C. Security Interest Opinions TriBar Opinion Committee, 49 (1): 359-402 (Nov. 1993) Start of legal advice to third parties: A simpler way, 34 BUS.
IT`S LAW. In 1891 (1979), the TriBar Opinion Committee made a large number of comments on third-party opinion issues, all of which appeared in The Business Lawyer. This report continues TriBar`s tradition of explaining the theory and giving recipients practical advice on the preparation, meaning and extent of opinion letters. This report focuses on u.C.C views on security interests, a topic TriBar has not yet addressed. The observed tendency of practitioners in this field to make increasingly prolix and complex letters of opinion is at the root. It aims to promote a better understanding of the problems to the end, namely that opinions on security interests are less laborious to negotiate, more economical and easier to interpret. To create context, With respect to comment theory and practical requirements of practice, the report adds a clear opinion on the interests of safety. Guarantee contracts, non-attributable licences and authorizations: Half a Loaf Is Better than No Loaf Timothy J. Boyce, 52 (2): 559-75 (Feb 1997) The question of whether and to what extent a security interest cannot be ordered in contracts, authorizations and licences must be recognized has long angered lenders, borrowers and recipients of these licences and authorizations.
This article analyzes the case law, particularly with respect to the Federal Communications Commission`s broadcasting licences, as well as the proposed revisions of the U.C.C. to suggest that it is possible to reach an acceptable compromise position that protects the essential interests of lenders in the proper guarantee of their credits, as well as the purchasers of those licences and authorizations in limiting those with whom they are confronted. The Overlooked Corporate Finance Problems of a Microsoft Breakup Lucian Bebchuk and David I. Walker, 56 (2): 459 (Feb 2001) This article identifies problems with the orderly dissolution of Microsoft that appear to have been completely overlooked by the government, the judge and the commentators. The dissolution order prohibits Bill Gates and other major Microsoft shareholders from holding shares in the two companies that would result from the separation.