Enjoying an “uneasy coexistence,” the United Nations Convention on the International Sale of Goods (“CISG”) and the Uniform Commercial Code (“UCC”) converge in some details. Yet, regardless of their many similarities, CISG and the UCC are not wholly alike in certain key requirements...

In 2015, the interpretive tranquility that had come to typify the jurisprudence surrounding one of the most well-rooted hearsay exceptions — the business records one (“BRE”) — was ruptured. In that year, in Sierra Managed Asset Plan, LLC v. Hale (“Hale”) and Unifund CCR LLC v. Dear...

The second of a two-part "handbook" — the first has been simultaneously posted on author's SSRN page — this pithy article details the potential defenses available to financial institutions and the issues that all parties should be prepared to address when proposing or rebuffing a claim...

On Nov. 10, 1978, President Jimmy Carter signed a lightly amended version of House Resolution 14279 into law. Days later, Rhode Island's Fernand St. Germain made clear its primary purpose: the modernization of the existing bank regulatory system. Tucked within this bill lay the Electronic Funds...

Over the course of its multi-decade existence, the Real Estate Settlement Procedures Act ("RESPA") has been amended to cover many diverse yet related “real estate” subjects. In its present iteration, two provisions — sections 2605(g) and 2609 — deal with mortgage escrow accounts, with...

The rapid rise of cryptocurrencies over the last twenty years has interjected havoc into the staid field of commercial law, one long regulated by the Uniform Commercial Code (“U.C.C.” or “UCC”). Naturally, many individuals and organizations started to count their stash of...

After an unexpectedly slow start, the Trump Administration's deregulatory push finally gained momentum in late 2017. In the field of student lending, this slowdown affected the Department of Education (DOE), the Consumer Financial Protection Bureau (CFPB), and the Department of Justice (DOJ)....

When the Supreme Court (“Court”) handed down its opinions in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), the majority's holding engendered breathless (at least in legal terms) headlines. Clearly, without a smidgen of doubt on the part of arbitration's opponents and proponents, five...