December 04, 2024 | New York Law Journal
Securities and Securities Intermediaries: How Secure are Intermediated Holdings?The authors write "As a result of increased trading volume dating back to the 1960’s, when paperwork backlogs temporarily derailed Wall Street, as well as the growth in technology, the securities trading industry has come to rely heavily on a system of indirect ownership of securities. Most investors now hold their securities through bank or brokerage accounts, and those banks or brokers will likely, in turn, hold those securities through a central securities depository, such as The Depository Trust Company (DTC)"
By Barbara M. Goodstein and Adam C. Wolk
12 minute read
October 02, 2024 | New York Law Journal
The Zebra Case: Can a Debtor in Default Sue for Patent Infringement?As shown by the Zebra case, a plaintiff's status as a patent owner or a licensee plays a key role in the evaluation of the plaintiff's constitutional standing in a patent infringement case.
By Barbara M. Goodstein and Adam C. Wolk
8 minute read
July 31, 2024 | New York Law Journal
The Odonata Case: Trusts, Escrows and Property of the Estate (or Not) Part IITo avoid property held in "escrow" from becoming part of the bankruptcy estate of a depositor, creditors must be aware of state law governing the creation of escrow accounts and pay attention to the logistics of such accounts to ensure they conform with such law.
By Barbara M. Goodstein and Adam C. Wolk
9 minute read
June 05, 2024 | New York Law Journal
Foreclosing on Collateral? Make Sure Your Sale Is Commercially ReasonableThe recently decided Southern District of New York case of 'CCO Condo Portfolio (AZ) Junior Mezzanine v. Feldman' hinged on whether a UCC Article 9 foreclosure was conducted in a commercially reasonable manner.
By Barbara M. Goodstein and Adam C. Wolk
10 minute read
April 03, 2024 | New York Law Journal
Licensees in the Ordinary Course of Business: What's Exclusive and What's Not'North Star' underscores the important distinction between nonexclusive and exclusive license agreements when foreclosing on a licensed asset. A licensee seeking to acquire use rights in trademarks encumbered by a perfected security interest should weigh the benefits under Section 9-321 of a nonexclusive license against possible commercial advantages of an exclusive license.
By Barbara M. Goodstein and Adam C. Wolk
9 minute read
January 31, 2024 | New York Law Journal
What's Special About Special Deposits? The New Uniform Special Deposits ActIn their Secured Transactions column, Barbara M. Goodstein and Adam C. Wolk, discuss the Uniform Special Deposits Act. The act aims to create a set of "clear and executable" rules to govern bank deposits that involve at least two beneficiaries (one of whom may be the depositor) where "the identity of the person entitled to payment is not determined until the occurrence of a contingency identified at the time the deposit is created."
By Barbara M. Goodstein and Adam C. Wolk
11 minute read