The Corporate Transparency Act Is Still on Pause, but Less So
Uncertainty surrounds the CTA, with one injunction against enforcement of its reporting rules stayed and one still in effect as a new administration begins.
Business Law Today: February 2025
Articles and Features
Considerations for the SEC and Securities Lawyers Following Loper Bright
With the Chevron doctrine abandoned, agencies must craft well-reasoned legal interpretations to persuade courts to adopt their view of an ambiguous statute.
Transactional Lawyering as an Art: When Saying Less Is More Than Enough
The Comcast Cable v. CX360 decision illustrates how in a negotiated agreement, sometimes fewer words can be a more strategic choice than absolute clarity.
Mindbody Decision Limits Aiding and Abetting Liability for Deals Done at Arm’s Length
The Delaware Supreme Court opinion provided new guidance on applicability of Restatement (Second) of Torts factors to analyzing “substantial assistance.”
Scraping the Surface: OpenAI Sued for Data Scraping in Canada
Leading Canadian news outlets claim OpenAI is liable for copyright infringement and breach of contract for scraping their works without permission.
Draft Model Clauses for Responsible Investing: Call for Consultation
Once final, this set of model contract clauses will provide guidance to operationalize human rights and environmental policies in investment documentation.
A Comparative Analysis of LLCs in Florida and Delaware Versus SRLs in Bolivia
Bolivia’s Sociedad de Responsabilidad Limitada (SRL) and U.S. limited liability companies share several common features but also have important differences.
IP in the Age of AI: What Today’s Cases Teach Us About the Future of the Legal Landscape
Recent copyright infringement lawsuits involving AI-generated images and unauthorized use of content for generative AI training may illuminate key issues.
Uniform Special Deposits Act Briefing
The Act, drafted to remedy uncertainties in current law that impede use of special deposits, has already been enacted in four states.
10 Tips for Director Orientation and Onboarding: The Year in Governance
Effective orientation and onboarding ensure new board members have a foundation for satisfying fiduciary duties and the knowledge to usefully contribute.
Duke Wins MAC Cup II M&A Negotiation Competition
Sixty-four teams competed in the second iteration of the mock M&A negotiation tournament for law students, organized by the ABA M&A Committee.
Five Strategies to Make Mental Well-Being Your Firm’s Priority
By tackling obstacles to employee well-being, law firm leaders can address the industry’s notorious stresses and increase retention and productivity.
Mastering Integration: A Strategic Approach to Lateral Partner Success
To make the most of lateral partner hiring, law firms need to facilitate a smooth transition, from defining strategic alignment to fostering relationships.
Franchisee First: A Winning Strategy for Investors in Franchise M&A
A pair of case studies highlight the critical role of tending to franchisee relationships in the success of a franchise system after an acquisition.
Month-in-Brief
February 2025 in Brief: Securities Law
Month-in-Brief update: SEC Grants 1-Year Exemption from Rule 13f-2 Compliance and Form SHO Reporting; PCAOB Withdraws Expanded Firm Reporting Rules.
February 2025 in Brief: Business Litigation & Dispute Resolution
Proposed Amendments to DGCL Sections 144 and 220; Business Judgment Rule Applied to Dismiss Challenges to Nevada Reincorporation.
February 2025 in Brief: Business Regulation & Regulated Industries
Month-in-Brief update: 16 States Propose Legislation to Regulate Earned Wage Access; Fourth Circuit Rules SCRA Does Not Preclude Arbitration; and more.
February 2025 in Brief: Corporations, LLCs & Partnerships
Month-in-Brief update: Corporate Transparency Act—Most Beneficial Ownership Information Filings Are Now Mandatory, but Filing Deadlines Are Uncertain.
February 2025 in Brief: International Business Law
Month-in-Brief update: Plan Mexico strategy launched to drive economic growth, reduce inequality; Mexican National Infrastructure Program for Quality.
February 2025 in Brief: Mergers & Acquisitions
Month-in-Brief update: Musk’s Hostile Bid for OpenAI; Delaware Supreme Court Applies Business Judgment Rule in Maffei v. Palkon.