Publications

Section Newsletter Articles From Janice M. Powell

The Illinois accountant privilege in federal court By Janice M. Powell Federal Civil Practice, May 2005 In actions based upon federal laws brought in federal court, the accountant's privilege set forth in the Illinois statute has no force and effect. But what happens if a complaint contains both state and federal law claims?
Secured creditor bound—The words used in the collateral description of a security agreement can limit a secured party’s lien By Timothy J. Howard and Janice M. Powell Commercial Banking, Collections, and Bankruptcy, March 2003 A security agreement is a special kind of contract for which an important audience is third parties who need to know how much collateral has been encumbered.
First District unfortunately creates judicially crafted exception to section 4-406(f) of the UCC By Janice M. Powell Commercial Banking, Collections, and Bankruptcy, February 2003 In Falk v. Northern Trust Co., 327 Ill. App. 3d 101, 763 N.E.2d 280, 261 Ill. Dec. 410 (2001), the First District of the Illinois Appellate Court created an exception to the reporting obligation of bank account customers found in section 4-406(f) of the Uniform Commercial Code (UCC).
Brush up your Latin—“nemo dat qui non habet” By Janice M. Powell Commercial Banking, Collections, and Bankruptcy, July 2001 The Tenth Circuit Court of Appeals has just reminded practitioners that we remain a country of common law and that includes long cherished principles expressed in Latin.

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