A judiciary that reflects its population is an important goal. This article discusses how disability diversity is currently tracked (if at all), and it provides the first-ever attempt at publishing a…
In Kodiak Building Partners, LLC v. Adams, the Delaware Chancery Court ruled restrictive covenants imposed on a stockholder in an acquisition were unenforceable and declined to blue pencil them.
What message do the Hunstein opinions send to companies that regularly transmit personal and potentially sensitive information to third-party vendors?
In May 2022, the SEC proposed ESG disclosure rules that would require investment advisers and registered funds to provide standardized information. The rules can enable investors to make more informe…
Becoming a known expert in a niche relevant to your target audience is how you can build credibility and focus marketing efforts for the most impact.
Depending on the specific subdivision of the law being applied, federal courts will treat even the most upstanding marijuana business either the same as any legitimate business, or as a miscreant wit…
Too often, business lawyers may not see the connections between their work and the rule of law. What are some practical, real-world aspects of the rule of law in a business lawyer’s practice?
In recent years, some states have started to approve limited purpose banking charters for firms offering cryptoasset services. This article reviews these developments and the use of M&A by cryptoasse…
Recent SEC enforcement actions provide reminders to lawyers of their professional responsibility in representing clients, including in connection with giving legal opinions and responding to auditors…
Targeted probe and educate reviews can have significant consequences for Medicare providers. The article outlines a statutory challenge to the current TPE process.
When drafting indemnification provisions, thought should be given regarding to whom coverage is being provided and for what actions.
Legal technology had a record year of investments in 2021, and tech capabilities and adoption are advancing dramatically. Being able to discern between reality and hype and adopting the technology re…
The successful pursuit of claims against directors and officers of bankrupt companies is a complicated, multifaceted challenge requiring a hybrid skill set.
As cybersecurity threats have grown, they have highlighted why a data retention and disposition protocol is crucial.
In March 2022, the SEC proposed amendments to its rules that would enhance disclosures related to cybersecurity. There are steps organizations can take to minimize the risks more stringent reporting…
Business Litigation & Dispute Resolution Month-in-Brief update, November 2022: Delaware Court Addresses Arbitrability of Claims Challenging Post-SPAC IPO; Second Circuit Applies Supreme Court Ruling…
Business Regulation & Regulated Industries Month-in-Brief update, November 2022: Repercussions of Fifth Circuit’s Decision to Vacate CFPB’s Payday Lending Rule as Unconstitutional; Theranos Founder H…
Corporations, LLCs & Partnerships Month-in-Brief update, November 2022: Changes in the Model Business Corporation Act—Proposed Amendments to Sections 6.04 and 6.25 Relating to Bearer Shares and Scrip…
Mergers & Acquisitions Month-in-Brief update, November 2022: SPAC Mergers Are on the Rise—Some SPAC teams, considering the competitive market, are considering unusual alternatives such as a merger wi…
Securities Law Month-in-Brief update, November 2022: SEC Finalizes Whistleblower Rule Amendments; SEC Adopts Amendments to Form N-PX; PCAOB Proposes New Auditor Quality Control Standard; and more.