‘Open Market Purchase’ Provisions Leave Everything Open: A Call to Action
Lenders should consider defining the “open market purchase” option carefully to avoid its use by a dominant class of lenders to subordinate a minority one.
Business Law Today: January 2024
Articles and Features
Supreme Court to Determine Enforceability of Delegation Clauses in Arbitration Agreements
In Coinbase v. Suski the Court will review if the court or arbitrator should decide if a later agreement can narrow a prior one with a delegation clause.
Cross-Border §363-Type Transactions: Checklists for Sales of Assets of Distressed Companies Around the Globe
The 13 checklists in this project offer country-specific commentary on key items to consider in connection with the sale of assets of a distressed company.
Announcing the Emerging Business Credit Agreement
The new Form of Emerging Business Credit Agreement, a joint ABA / LSTA project, includes in-depth drafting notes and 3 supplements to maximize its utility.
Solefully Designed: Insurance Coverage Tailored for the Sneaker Industry
Recent litigation highlights the need for companies in the growing sneaker industry to know how to leverage insurance to address their key legal risks.
Three Things Midsized Law Firms Can Do Now to Mitigate Their Cyber Risk
Immediate cybersecurity steps can include investigating service providers, enhancing employee training, and maintaining a robust breach response plan.
The Role of Lawyers in Promoting Businesses’ Respect for Human Rights
Updated guidance from the International Bar Association explores concrete ways business lawyers can advise their clients regarding human rights impacts.
Diligencing AI-Enabled M&A Targets: Seven Things to Understand
Explore key areas of inquiry for an M&A buyer when conducting legal due diligence on a target company that uses AI, from risk allocation to data rights.
Month-In-Brief
January 2024 in Brief: Business Litigation & Dispute Resolution
Month-in-Brief update: SCOTUS to Determine Whether a District Court May Dismiss a Case Where the Underlying Dispute Is Referred to Arbitration, and more.
January 2024 in Brief: Business Regulation & Regulated Industries
Month-in-Brief update: CFPB’s Proposed Amendments to Regulations Z and E, $10 Million Fine for NDA That Chilled Would-Be SEC Whistleblowers, and more.
January 2024 in Brief: Corporations, LLCs & Partnerships
Month-in-Brief update: Court of Chancery Dismisses “Red-Flags” Caremark Claim against Corporate Officer for Failure to Plead Defendant Acted in Bad Faith.
January 2024 in Brief: International Business Law
Month-in-Brief update: Amendments to Mexican Securities and Investment Funds Laws, Transposition of European Mobility Directive into Dutch Law, and more.
January 2024 in Brief: Internet Law & Cyber-Security
Month-in-Brief update: 2nd Circuit Court of Appeals Refers Attorney Who Cited Nonexistent Case from ChatGPT for Investigation, New NJ Privacy Law, and more.
January 2024 in Brief: Mergers & Acquisitions
Month-in-Brief update: 2024 M&A Market Expectations; Delaware Court of Chancery Orders Sears Controlling Shareholder to Pay $18M to Minority Shareholders.