Is New York ‘Reimagining’ the Implied Covenant of Good Faith and Fair Dealing?
A recent 4–3 decision from the New York Court of Appeals raises questions about a potential expansion of the implied covenant’s role in New York.
A recent 4–3 decision from the New York Court of Appeals raises questions about a potential expansion of the implied covenant’s role in New York.
This downloadable drafting aid for experienced M&A attorneys is designed as a more brief starting point for sub lower middle-market transactions.
The cases addressed varied parts of the process, but the pattern is clear: The Second Circuit is done treating arbitration agreements as a special category.
The Supreme Court decision narrows bankruptcy trustees’ avoidance powers and impacts cases beyond tax-related transfers.
M&A Law update, May 2026: Delaware Court of Chancery Analyzes Whether Type II (Preliminary) Agreement Will Support Specific Enforcement, and more.
A guide to the last year’s tribal litigation for business lawyers, reviewing notable cases on issues from tribal corporations to labor and employment law.
Practical guardrails can help nonprofits leverage the promise of AI without creating legal exposure, eroding mission, or compromising work products.
All lawyers should be able to spot potential privacy issues. This brief guide offers an orientation to the legal landscape for privacy in the United States.
Valuation is a central component of many high-stakes commercial disputes, from shareholder appraisal actions and bankruptcy proceedings…
Read MoreIn April 2026, the New York Times profiled the founder of Medvi, a new AI-enabled telehealth company selling weight-loss drugs.…
Read MoreAt the recent Tokyo Business and Rule of Law Forum, Alejandro Ponce, Executive Director of the World Justice Project (“WJP”),…
Read MoreU.S. lawyers advising clients that interact with the European digital market are increasingly encountering the regulatory structure…
Read MoreIn my article “How Will the Recent Amendments to Illinois’s BIPA Affect the Use of Biometric Data?”[1] I reported on the…
Read MoreI’ve long wondered how it has become standard for agreement and plan of merger to be the title for contracts that provide for…
Read MoreThe sixth amendment to the European Union’s Capital Requirements Directive (Directive EU 2024/1619 or “CRD VI”) introduces…
Read MoreTo mark the forty-year anniversary of the American Bar Association Business Law Section’s Mergers & Acquisitions Committee,…
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[lwptoc depth="6" numeration="none" skipHeadingLevel="h4,h5,h6"] Introduction Earn-Outs: A Dealmaker’s…
In the realm of corporate restructuring, the parties, attorneys, and judges typically have a singular…
This article is Part VI of the Musings on Contracts series by Glenn D. West, which explores the unique…
Authored by the Working Group to Draft Model Contract Clauses to Protect Human Rights in International…
Handling the sale of a company in financial distress presents a multitude of challenges: preserving…
As artificial intelligence (“AI”) becomes more prevalent in business processes and service delivery…
In recent years, the Delaware Court of Chancery has increased its focus on the importance of preserving…
Adine S. Momoh is a trial attorney with nearly two decades of private and public…
Scott Diamond is a securities, derivatives and banking attorney at Lewis Brisbois,…
Holly Peterson is Counsel at Tenenbaum Law Group PLLC, a nationally recognized, Washington,…
Dr. Shastri Sandy is a Principal at The Brattle Group and co-leader of the firm’s…
