The Next Wave of Open Banking: New Rules on Personal Financial Data Rights
The final rules issued by the CFPB in October 2024 are a major step toward regulation of open banking in the US, even as regulatory controversies remain.
Business Law Today: March 2025
Articles and Features
The Greasy Spoon: EDPABC Bankruptcy Case Problem Series
Learn about enforceability of prepetition guarantees and more through questions and case law summaries posed around a fictional restaurant bankruptcy.
Legal Operations: Transforming Legal Departments into Strategic Business Partners
A robust legal operations function can help legal departments empower businesses to navigate today’s complex landscape and proactively contribute to growth.
Making Sure Your Survival Clause Works as Intended
A statement regarding a “survival period” may not be enough to limit liability for claims based upon a breach occurring prior to the end of the period.
Intellectual Property Due Diligence: Review of Patent Ownership and Title
Key steps in evaluating patent assets include searching USPTO assignment records, examining the chain of title, and auditing software for OSS license terms.
Canada’s M&A Outlook for 2025: A Year of Optimism and Complexity
Macroeconomic stability and sector-specific opportunities have poised Canadian M&A for a dynamic year, despite regulatory and geopolitical challenges.
The Evolution of Mass Arbitration: Understanding Changes to the Arbitration Rubric
Arbitration providers such as the AAA and JAMS have adapted to the influx of mass arbitrations with new rules and fee schedules that reduce up-front fees.
The Corporate Transparency Act: Are Rumors of Its Death Exaggerated?
Despite injunctions, changed deadlines, and a scope narrowed by the Treasury Department, the CTA is not dead yet—but many unresolved questions remain.
DEI Initiatives in the Crosshairs of the Administration: What Nonprofits Need to Know to Mitigate Their Risk
Nonprofits can begin to assess heightened legal and nonlegal risks after executive orders related to DEI by knowing their values and examining funding.
Accounting Firm LBOs: Financing Considerations for Lenders
When financing acquisitions of accounting firms, lenders must attend to their complex corporate structures and the web of regulations that apply to them.
10 Tips for Board Evaluation and Succession Planning: The Year in Governance
A strategic approach to board composition, with regular evaluation and planning for turnover, is key to maintain an effective board of directors over time.
Mitigating D&O Liability Post-Purdue: Best Practices for Insolvency Risk Management
Managing risk for directors and officers during insolvency requires close attention to D&O policy provisions, especially after Harrington v. Purdue Pharma.
The Transatlantic Divide in ESG Disclosure Requirements: Why This Matters to Global Businesses
The different approaches to ESG disclosures in the US, EU, and UK create a varied regulatory landscape, with major implications for global businesses.
On the Meaning of ‘Material’
Though the adjective “material” is ubiquitous in business acquisition agreements, its meaning is ambiguous, ranging from “nontrivial” to “dealbreaker.”
Access to Courtrooms and Access to Justice: A Law Student’s Perspective
By installing video cameras in the courtroom, a student notes, federal courts could make hearings and trials more accessible and transparent.
A Practical Guide to the New HSR Form for In-House Counsel
Tackle the logistical challenges of the new Hart-Scott-Rodino Rule with solutions for effective collection, review and production of the documents required.
Month-in-Brief
March 2025 in Brief: Business Regulation & Regulated Industries
Month-in-Brief update: 7th Circuit Finds Calls for Free Services Not “Telephone Solicitations” under TCPA; OCC Letter on Bank Crypto Activities; and more.
March 2025 in Brief: Corporations, LLCs & Partnerships
Month-in-Brief update: FinCEN Interim Final Rule Limits CTA BOI Reporting; Reincorporation Decision Protected by Business Judgment Rule; and more.
March 2025 in Brief: Internet Law & Cybersecurity
Month-in-Brief update: Former Chief Security Officer’s Sentence for Covering Up Data Breach Affirmed, Emphasizing Obligations for Stewards of Business Data.
March 2025 in Brief: Mergers & Acquisitions
Month-in-Brief update: DCGL Revisions Benefiting Controlling Stockholders Passed; Del. Superior Court Addresses Jurisdiction over Third-Party Beneficiary.
March 2025 in Brief: Securities Law
Month-in-Brief update: SEC Extends Compliance Dates for 2023 Names Rule; Prepare for “EDGAR Next”; PCAOB Publishes Form AP Resource for Auditors; and more.