Automating Repossession
Automating Repossession addresses a question that has no clear answer in commercial law – does a creditor have the right to remotely disable collateral upon its debtor’s default? As physical goods are increasingly connected to online networks in ways that allow their sellers to control their use, it is possible for secured lenders to deploy a remote and automated repossessor to disable tangible collateral in the event of a borrower’s default. Article 9 of the Uniform Commercial Code, which allows a secured creditor to repossess collateral upon its debtor’s default without resorting to the courts only if it can do so without a breach of the peace, does not address this practice.
Virtual Currencies (and Other Digital Assets) Under the UCC
A column from the New York Law Journal delves into the scope of UCC Article 9 with a focus on virtual currencies. The piece touches upon the continuing efforts of The American Law Institute and the Uniform Law Commission to update the Uniform Commercial Code in this ever-changing commercial world.
As the Revolving Door Turns: Government Lawyers Entering or Returning to Private Practice and Conflicts of Interest
Government lawyers regularly leave public service for private law practice — often through the same revolving door that launched their public careers. The law firms they join or to which they return welcome them because of the experience they gained, and the expertise they developed, while in the government. The challenge for former government lawyers and their law firms is recognizing and managing conflicts of interest that sometimes arise out of lawyers’ government service.
Sequencing in Damages
Tort law consists of multiple doctrines governing the assignment of liability and the calculation of damages. But in what sequence should courts apply these doctrines? Does it matter, for example, whether a court applies comparative fault before or after mitigation of damages?
Column on Arbitration Case Before U.S. Supreme Court
Samuel Estreicher, Rex Heinke and Jessica Weisel delve into an upcoming arbitration case before the Supreme Court of the United States that “asks the Court to resolve a circuit split over the role, if any, that federal courts should play in facilitating discovery in foreign arbitrations.”
What Is the Uniform Commercial Code?
In this video, Teresa Wilton Harmon, Marsha E. Simms, Steve O. Weise, Neil B. Cohen, and Troy A. Mackenzie discuss how the Uniform Commercial Code has promoted safe, predictable, reliable commerce for businesses and consumers throughout the United States.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources. Completed work is available to purchase online.