UCC Litigation

If you or your business expects to be involved in litigation involving a Uniform Commercial Code-related matter, consider representation by Shook, Hardy & Bacon L.L.P. (SHB). UCC litigation can be costly and complex, and it pays to work with a well-respected firm with extensive UCC litigation experience like SHB.

At SHB, UCC litigation is handled by our Commercial & UCC Practice. We advise business clients on a wide variety of commercial law matters, including product warranties and designing terms and conditions of sales contracts under Article 2 of the UCC; buyer insolvency and alternatives to secure payment; payment system issues for financial services clients including wire transfers and ACH; standby and commercial letters of credit; documentary drafts and documents of title; transactions involving investment property; secured and unsecured lending facilities; international sales transactions; securitization and other forms of structured finance; consumer credit compliance and product design; consulting on UCC litigation; insolvency, workouts and bankruptcy; equipment leasing; tax implications of various commercial transactions; and Internet-based transactions.

We help our clients stay informed about their legal situations, which is why we provide our UCC litigation clients with basic information about the UCC. It was created to standardize the law of sales and commercial transactions within the United States. Given the number of such transactions that involve more than one state, it is a vital piece of legislation. The UCC has been enacted in some form in all fifty states, although it has been criticized as being technologically outdated due to its lack of insight on the privileges and responsibilities of conducting business over the Internet.

UCC litigation often results in the following types of recovery:

• Consequential damages, which are based on the injuries that resulted from a seller's alleged breach of contract. This harm does not proceed directly from the act of a party, but rather from certain results of that act, and is thought to have been foreseeable by a reasonable person.
• Incidental damages, which are awarded as compensation for commercially reasonable expenses suffered due to a party's alleged breach of contract.
• Liquidated damages, which are predetermined and reasonable estimates of damages thought to equal the extent of the alleged injury that may occur if the contract is breached.

Learn more about our UCC litigation experience. Contact us today!