The Value of Virtual Patent Marking
Virtual patent marking is a powerful tool that can mitigate the risks associated with false marking claims and establish earlier constructive notice dates.
Business Law Today: September 2023
Articles and Features
The Compliance and Regulatory Due Diligence Process for Pharma M&A Transactions
For M&A involving FDA-regulated companies, regulatory and compliance due diligence is especially crucial. This article discusses key process considerations.
Unlocking Value through Carve-Out Transactions: Deal Considerations for Private Equity Sponsors
Dive into the key features of carve-out transactions, the challenges that selling PE funds must anticipate and navigate, and insights for improvement.
Financial Projections in Fundraising: How Early-Stage Companies Can Mitigate Risk at a Time of Heightened Enforcement
Recent SEC actions demonstrate elevated enforcement risk to early-stage issuers in use of projections in fundraising. We discuss strategies for mitigation.
Beyond #MeToo: M&A and Governance Considerations for the Evolving Workplace
Recent SEC actions demonstrate elevated enforcement risk to early-stage issuers in use of projections in fundraising. We discuss strategies for mitigation.
The Evolution of the FTC and DOJ Continues: Agencies Seek Public Comment on Draft Merger Guidelines
This article explores the most notable changes in the Draft Merger Guidelines issued by the FTC and DOJ and the proposed HSR premerger notification form.
Boutique Litigation Firms: How They’re Making Waves
Boutique law firms, typically consisting of fewer than thirty experienced lawyers, can be a source of innovation and personalization in the legal industry.
AI Classifications for Law and Regulation
This article breaks down today’s artificial intelligence into functional categories, each raising unique legal issues, to help lawyers and policymakers.
Avoiding AI Agreement Dystopia: Managing Key Risks in AI Licensing Deals
This article highlights key legal issues to consider when acquiring an AI product/service and provides strategies for risk mitigation through contract terms.
Comparative Perspectives on Non-Compete Clauses in the United States, United Kingdom, and Singapore
In context of the FTC’s proposed ban, this article considers treatment of non-competes in New York, the UK and Singapore, highlighting nuanced differences.
Looking Back on United States v. Students Challenging Regulatory Agency Procedures
Neil Thomas Proto offers a first-person account of efforts of a group of law students that culminated in a landmark 1973 decision on Article III standing.
2023 Amendments to the Delaware General Corporation Law: A Summary
The 2023 DGCL amendments address several significant topics, including simplifying procedures to ratify a defective corporate act because of a failure of authorization.
CFPB’s New Small Business Data Collection Rule: Considerations for Lenders
A new CFPB rule, though subject to legal challenges, will impose a host of data collection and reporting obligations on lenders to small businesses.
Spread the Word about Constitution Week
Did you know that the week of September 17 is Constitution Week? Learn about the origins and purpose of the holiday and how you can contribute.
Month-In-Brief
September 2023 in Brief: Bankruptcy & Finance
Month-in-Brief update: California Finalizes UDAAP Rule for Commercial Financing to Small Businesses, Nonprofits, or Family Farms.
September 2023 in Brief: Business Litigation & Dispute Resolution
Month-in-Brief update: Delaware Supreme Court Reaffirms Broad Contractual Freedom Concerning Remedies for Parties to LLC Agreements; Eleventh Circuit Upholds Arbitral Award Despite Non-Disclosure.
September 2023 in Brief: Business Regulation & Regulated Industries
Month-in-Brief update: New Requirements for Large Bank Holding Companies, Proposed Amendments to Canadian Competition Act, $2.7 Billion CFPB Settlement with Credit Repair Companies, and more.
September 2023 in Brief: Corporations, LLCs & Partnerships
Month-in-Brief update: Del. Court of Chancery Grants Summary Judgment Motion to Bumble Upholding “Identity-Based” Voting Structure, Substantially Upholds Damages Calculation in AbbVie v.
September 2023 in Brief: International Business Law
Month-in-Brief update: Ownership of Privileged Communications in M&A Transactions in Canada; Trina Solar: A Warning re: Reliance on Merger Price and Deficient Disclosure in s238 Proceedings, & more.
September 2023 in Brief: Internet Law & Cybersecurity
Month-in-Brief update: Delaware Personal Data Privacy Act (DPDPA) – HB 154; Capturing California’s Progress in the World of Generative Artificial Intelligence – Executive Order N-12-23.
September 2023 in Brief: Mergers & Acquisitions
Month-in-Brief update: Delaware Court Rejects Specific Performance Push in a Broken SPAC Merger (26 Capital Acquisition Corp. v. Tiger Resort Asia Ltd).
September 2023 in Brief: Securities Law
Month-in-Brief update: FASB Approves Accounting Standard for Crypto Assets, SEC Proposes Changes to Make EDGAR More Secure, SEC Staff Issues Sample Comment Letter re: XBRL, and more.