Month-In-Brief

Read this month’s briefing for your area of practice.

Bankruptcy & Finance

Business Litigation & Dispute Resolution

Business Regulation & Regulated Industries

Corporations, LLCs & Partnerships

Internet Law & Cyber-Security

Legal Opinions & Ethics

Mergers & Acquisitions

Securities Law

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latest articles & videos

Business Regulation & Regulated Industries

Bankruptcy & Finance

Corporations, LLCs & Partnerships

Mitigating D&O Liability Post-Purdue: Best Practices for Insolvency Risk Management
10 Min Read
Today

Mitigating D&O Liability Post-Purdue: Best Practices for Insolvency Risk Management

By: Geoffrey B. Fehling, Justin F. Paget, Brian W. Fernandez, Nicholas Monico
Last year, the U.S. Supreme Court struck down the use of nonconsensual third-party releases in Chapter 11 reorganization plans as not authorized under the Bankruptcy Code.[1] While the Harrington v. Purdue Pharma decision involved mass tort liability, the broader curtailment of third-party releases in all contexts should cause directors and officers to reevaluate their personal... Read more »

International Business Law

Securities Law

Corporations, LLCs & Partnerships

Business Regulation & Regulated Industries

The Transatlantic Divide in ESG Disclosure Requirements: Why This Matters to Global Businesses

Bankruptcy & Finance

Securities Law

Accounting Firm LBOs: Financing Considerations for Lenders

Business Regulation & Regulated Industries

Mergers & Acquisitions

Intellectual Property Due Diligence: Review of Patent Ownership and Title
4 Min Read
March 10, 2025

Intellectual Property Due Diligence: Review of Patent Ownership and Title

By: Mary Lou Wakimura, Giovanna Fessenden-Fairbank
An intellectual property (“IP”) portfolio may include patent assets, copyrighted works, trademarks, and trade secrets. Understanding ownership, title, and cloud on title (e.g., third-party rights) of IP assets is of key importance in review and initial valuation of a target portfolio. In particular, understanding specific party ownership and any intervening third-party rights of patent assets... Read more »

Mergers & Acquisitions

Business Litigation & Dispute Resolution

Making Sure Your Survival Clause Works as Intended

Business of Law

Legal Operations: Transforming Legal Departments into Strategic Business Partners

Corporations, LLCs & Partnerships

International Business Law

A Comparative Analysis of LLCs in Florida and Delaware Versus SRLs in Bolivia
14 Min Read
February 13, 2025

A Comparative Analysis of LLCs in Florida and Delaware Versus SRLs in Bolivia

By: Brian Haderspock
This article provides a comparative analysis of two prominent business structures: the limited liability company (“LLC”) in the United States, with a focus on Florida and Delaware, and the Sociedad de Responsabilidad Limitada (“SRL”) in Bolivia. This analysis aims to delve into the fundamental similarities and distinctions that exist between two prominent legal systems: common... Read more »

International Business Law

Internet Law & Cybersecurity

Business Regulation & Regulated Industries

Scraping the Surface: OpenAI Sued for Data Scraping in Canada

Mergers & Acquisitions

Business Litigation & Dispute Resolution

Mindbody Decision Limits Aiding and Abetting Liability for Deals Done at Arm’s Length

latest articles & videos

 Accounting Firm LBOs: Financing Considerations for Lenders

10 Tips for Board Evaluation and Succession Planning: The Year in Governance

Intellectual Property Due Diligence: Review of Patent Ownership and Title

The Greasy Spoon: EDPABC Bankruptcy Case Problem Series

10 Tips for Director Orientation and Onboarding: The Year in Governance

Scraping the Surface: OpenAI Sued for Data Scraping in Canada

Transactional Lawyering as an Art: When Saying Less Is More Than Enough

Technology in M&A Practice: Helping Lawyers Distill the Signals from the Noise

latest articles

Business Regulation & Regulated Industries

Bankruptcy & Finance

Corporations, LLCs & Partnerships

Mitigating D&O Liability Post-Purdue: Best Practices for Insolvency Risk Management

International Business Law

Securities Law

Corporations, LLCs & Partnerships

Business Regulation & Regulated Industries

The Transatlantic Divide in ESG Disclosure Requirements: Why This Matters to Global Businesses

Bankruptcy & Finance

Securities Law

Accounting Firm LBOs: Financing Considerations for Lenders

Corporations, LLCs & Partnerships

Business of Law

Business Regulation & Regulated Industries

DEI Initiatives in the Crosshairs of the Administration: What Nonprofits Need to Know to Mitigate Their Risk

Corporations, LLCs & Partnerships

Business Regulation & Regulated Industries

The Corporate Transparency Act: Are Rumors of Its Death Exaggerated?

Corporations, LLCs & Partnerships

Business of Law

10 Tips for Board Evaluation and Succession Planning: The Year in Governance

Business Litigation & Dispute Resolution

The Evolution of Mass Arbitration: Understanding Changes to the Arbitration Rubric

International Business Law

Mergers & Acquisitions

Canada’s M&A Outlook for 2025: A Year of Optimism and Complexity

Business Regulation & Regulated Industries

Mergers & Acquisitions

Intellectual Property Due Diligence: Review of Patent Ownership and Title

Mergers & Acquisitions

Business Litigation & Dispute Resolution

Making Sure Your Survival Clause Works as Intended

Business of Law

Legal Operations: Transforming Legal Departments into Strategic Business Partners

Bankruptcy & Finance

Business Litigation & Dispute Resolution

The Greasy Spoon: EDPABC Bankruptcy Case Problem Series

Mergers & Acquisitions

Corporations, LLCs & Partnerships

Franchisee First: A Winning Strategy for Investors in Franchise M&A

Business of Law

Mastering Integration: A Strategic Approach to Lateral Partner Success

Corporations, LLCs & Partnerships

Business of Law

10 Tips for Director Orientation and Onboarding: The Year in Governance

Business Regulation & Regulated Industries

Internet Law & Cybersecurity

IP in the Age of AI: What Today’s Cases Teach Us About the Future of the Legal Landscape

Corporations, LLCs & Partnerships

International Business Law

A Comparative Analysis of LLCs in Florida and Delaware Versus SRLs in Bolivia

International Business Law

Internet Law & Cybersecurity

Business Regulation & Regulated Industries

Scraping the Surface: OpenAI Sued for Data Scraping in Canada

Mergers & Acquisitions

Business Litigation & Dispute Resolution

Mindbody Decision Limits Aiding and Abetting Liability for Deals Done at Arm’s Length

Securities Law

Business Regulation & Regulated Industries

Corporations, LLCs & Partnerships

Draft Model Clauses for Responsible Investing: Call for Consultation

Business Litigation & Dispute Resolution

Mergers & Acquisitions

Transactional Lawyering as an Art: When Saying Less Is More Than Enough

Securities Law

Considerations for the SEC and for Securities Lawyers Following Loper Bright

Corporations, LLCs & Partnerships

Business Regulation & Regulated Industries

The Corporate Transparency Act Is Still on Pause, but Less So

Mergers & Acquisitions

Technology in M&A Practice: Helping Lawyers Distill the Signals from the Noise
Read More

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Mergers & Acquisitions

The Ins and Outs of Earn-Outs: A Delaware Perspective IN-DEPTH
85 Min Read
March 15, 2022
By: Richard De Rose

[lwptoc depth="6" numeration="none" skipHeadingLevel="h4,h5,h6"] Introduction Earn-Outs: A Dealmaker’s…

Mergers & Acquisitions

Business Litigation & Dispute Resolution

The Perils of the Busted Cross-Reference
6 Min Read
November 15, 2024
By: Glenn D. West

This article is Part II of the Musings on Contracts series by Glenn D. West, which explores the unique…

Corporations, LLCs & Partnerships

International Business Law

Balancing Buyer and Supplier Responsibilities: Model Contract Clauses to Protect Workers in International Supply Chains, Version 2.0 IN-DEPTH
102 Min Read
April 28, 2021
By: The Working Group to Draft Human Rights Protections in International Supply Contracts, ABA Business Law Section, David V. Snyder, Susan A. Maslow, Sarah Dadush

Authored by the Working Group to Draft Model Contract Clauses to Protect Human Rights in International…

Legal Opinions & Ethics

A Renewed Emphasis on ABA Model Rule 4.2
10 Min Read
December 16, 2022
By: Shannon “A.J.” Singleton

ABA Model Rule 4.2 is seeing an apparent renewed emphasis in 2022. Rule 4.2—commonly known as the “no…

play A Deeper Dive — The Impact of the CFSA Case on the CFPB: Will the Supreme Court Un-Ring a Bell?
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August 30, 2023
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September 6, 2023
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play Practice Area Insights — Bad Boys of Bankruptcy: Behind the Voices
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play Case Review — Fox and Snap Charter Amendments Cases
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Business of Law

Women’s Empowerment in the Law Requires the Support of All
7 Min Read
October 8, 2021
By: Kristen Prinz

In mid-June, as we all started thinking that the pandemic was winding down, I stepped into my role as…

Mergers & Acquisitions

International Business Law

Bankruptcy & Finance

Cross-Border §363-Type Transactions: Checklists for Sales of Assets of Distressed Companies Around the Globe
3 Min Read
January 9, 2024
By: Legal Project Management Initiative of the ABA BLS M&A Committee

Handling the sale of a company in financial distress presents a multitude of challenges: preserving…

Corporations, LLCs & Partnerships

International Business Law

Balancing Buyer and Supplier Responsibilities: Model Contract Clauses to Protect Workers in International Supply Chains, Version 2.0 IN-DEPTH
102 Min Read
April 28, 2021
By: The Working Group to Draft Human Rights Protections in International Supply Contracts, ABA Business Law Section, David V. Snyder, Susan A. Maslow, Sarah Dadush

Authored by the Working Group to Draft Model Contract Clauses to Protect Human Rights in International…

Internet Law & Cybersecurity

Seven Tips for Better Technology Services Agreements
9 Min Read
May 10, 2023
By: Lisa R. Lifshitz

In a perfect world, all technology vendors would present their clients with balanced legal agreements…

Top Contributors

Sushrut Biswal
New Delhi, India

Sushrut Biswal

Sushrut is part of the Corporate, Mergers & Acquisitions, Private Equity / Venture…

Christina Houston
Wilmington, DE

Christina Houston

Christina’s practice focuses on legal opinions, LLCs, partnerships, trusts…

Eryn Carter

Eryn Carter

Eryn Carter, a certified association executive (“CAE”), is executive director…

Patrick A. Guida
Providence, RI

Patrick A. Guida

Patrick Guida is part of the firm’s banking and finance, business law, and real…

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