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

Internet Law & Cybersecurity

Business Litigation & Dispute Resolution

Why AI Hiring Discrimination Claims Are More Dangerous to Employers Than They Look
9 Min Read Business Regulation & Regulated Industries
Today

Why AI Hiring Discrimination Claims Are More Dangerous to Employers Than They Look

By: Nicholas B. Creel, Ania Rynarzewska
If your clients use artificial intelligence (“AI”) to screen job applicants—and the data suggest that most large employers do—they are probably not as protected as they think. Previously, federal agencies treated disparate-impact liability as a legitimate tool by which to combat employment discrimination, allowing them to pursue claims where facially neutral practices produced statistically disproportionate... Read more »

Business of Law

Case Execution Hurdles: Why the Operational Side of Modern Litigation Matters

Mergers & Acquisitions

Business Regulation & Regulated Industries

Business Litigation & Dispute Resolution

Great Expectations/Manifest Destiny: The Doctrines of Reasonable Expectations and Manifest Disregard in RWI Policy Claims

Mergers & Acquisitions

Business Litigation & Dispute Resolution

The ‘Officious Bystander’ and the Implied Covenant of Good Faith and Fair Dealing
23 Min Read Mergers & Acquisitions
May 20, 2026

The ‘Officious Bystander’ and the Implied Covenant of Good Faith and Fair Dealing

By: Glenn D. West
This article is Part XI of the Musings on Contracts series by Glenn D. West, which explores the unique contract law issues the author has been contemplating, some focused on the specifics of M&A practice, and some just random. What does a hypothetical, annoyingly intrusive, know-it-all person, who observes your and your counterparty’s negotiations and makes... Read more »

Business of Law

Rule of Law Recession Accelerates as Authoritarian Trend Deepens, WJP Index Finds

Business of Law

Who, Me? Your Path to Serving as a Federal Judicial Law Clerk

Business Litigation & Dispute Resolution

Corporations, LLCs & Partnerships

The Value of Co-Mediation in Business and Human Rights Disputes
4 Min Read Business Litigation & Dispute Resolution
May 13, 2026

The Value of Co-Mediation in Business and Human Rights Disputes

By: Pam Ly
Mediation, ordinarily a voluntary dispute resolution process, is private, informal, confidential, and nonbinding. A mediator, as a professional neutral facilitator, assists disputing parties in reaching an agreement to settle part or all of their differences. This process allows the parties to self-determine the outcome without the formal rules of evidence or procedure used in a... Read more »

Mergers & Acquisitions

Business Regulation & Regulated Industries

Transaction Review Laws Expand Regulation of Healthcare M&A

Mergers & Acquisitions

Corporations, LLCs & Partnerships

Fixing the Problem That Is “Agreement and Plan of Merger”

latest articles & videos

 Great Expectations/Manifest Destiny: The Doctrines of Reasonable Expectations and Manifest Disregard in RWI Policy Claims

From Money Transmitters to PPSIs: Treasury’s Proposed Stablecoin Compliance Framework

The ‘Officious Bystander’ and the Implied Covenant of Good Faith and Fair Dealing

Changes to NMLS Individual Disclosure Questions Take Effect

How to Effectively Oppose a Petition for Certiorari in the U.S. Supreme Court: A Practitioner’s Guide

Transaction Review Laws Expand Regulation of Healthcare M&A

Remote and Hybrid Employees: Navigating the Legal Challenges for Nonprofits

Nebraska Amends Various Finance Laws
4 Min Read
April 24, 2026

Nebraska Amends Various Finance Laws

By: Robert W. Savoie, Julia Berry Lopez

Nebraska enacted LB 717 on February 25, 2026, amending multiple aspects of Nebraska consumer finance law. Among other changes,…

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latest articles

Business Regulation & Regulated Industries

Internet Law & Cybersecurity

Business Litigation & Dispute Resolution

Why AI Hiring Discrimination Claims Are More Dangerous to Employers Than They Look

Business of Law

Case Execution Hurdles: Why the Operational Side of Modern Litigation Matters

Mergers & Acquisitions

Business Regulation & Regulated Industries

Business Litigation & Dispute Resolution

Great Expectations/Manifest Destiny: The Doctrines of Reasonable Expectations and Manifest Disregard in RWI Policy Claims

Business Litigation & Dispute Resolution

Corporations, LLCs & Partnerships

Discounting in Valuation Litigation: Single vs. Multiple Discount Rates

Securities Law

Internet Law & Cybersecurity

AI Prompts and Responses: Records or Not, Here We Come

Bankruptcy & Finance

Internet Law & Cybersecurity

From Money Transmitters to PPSIs: Treasury’s Proposed Stablecoin Compliance Framework

Business of Law

Corporate Clients Have Never Had a Real Legal Partner

Business of Law

Investing in High-Impact Pro Bono Projects as a Transactional Lawyer

Mergers & Acquisitions

Business Litigation & Dispute Resolution

The ‘Officious Bystander’ and the Implied Covenant of Good Faith and Fair Dealing

Business of Law

Rule of Law Recession Accelerates as Authoritarian Trend Deepens, WJP Index Finds

Business of Law

Who, Me? Your Path to Serving as a Federal Judicial Law Clerk

Business Regulation & Regulated Industries

Changes to NMLS Individual Disclosure Questions Take Effect

International Business Law

Business Regulation & Regulated Industries

Internet Law & Cybersecurity

The Digital Services Act and Transatlantic Intellectual Property Enforcement: What U.S. Companies Need to Know

Business Regulation & Regulated Industries

The FTC’s Latest Actions Aimed at Worker Noncompetes

Business Litigation & Dispute Resolution

How to Effectively Oppose a Petition for Certiorari in the U.S. Supreme Court: A Practitioner’s Guide

Internet Law & Cybersecurity

7th Circuit Holds BIPA Damages Remedy Applies Retroactively

Business Litigation & Dispute Resolution

Corporations, LLCs & Partnerships

The Value of Co-Mediation in Business and Human Rights Disputes

Mergers & Acquisitions

Business Regulation & Regulated Industries

Transaction Review Laws Expand Regulation of Healthcare M&A

Mergers & Acquisitions

Corporations, LLCs & Partnerships

Fixing the Problem That Is “Agreement and Plan of Merger”

Business Regulation & Regulated Industries

Business Litigation & Dispute Resolution

Tax Risks in Mediation Term Sheets

Corporations, LLCs & Partnerships

Business Regulation & Regulated Industries

Remote and Hybrid Employees: Navigating the Legal Challenges for Nonprofits

Bankruptcy & Finance

International Business Law

Business Regulation & Regulated Industries

CRD VI: What Does It Mean for US Banks Lending into Europe?

Securities Law

Cents and Sensibility: Understanding Legal Issues in Equity Crowdfunding

Business Regulation & Regulated Industries

Nebraska Amends Various Finance Laws
Read More

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Corporations, LLCs & Partnerships

Business of Law

Legal Opinions & Ethics

10 Tips for Managing Attorney-Client Privilege in the Boardroom: The Year in Governance
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This is the ninth installment in the Year in Governance Series from the In-House Subcommittee of the…

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See Her, Hear Her: The Historical Evolution of Women in Law and Advocacy for the Path Ahead IN-DEPTH
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In the halls of justice and chambers of law, the narrative of women has evolved from whispers to powerful…

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The Myriad Approaches to ESG Data & How to Use Your Data to Report Reliably
4 Min Read Corporations, LLCs & Partnerships
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ESG Reporting & Data Are Trending Risks While corporations are enthusiastically touting their positive…

Business of Law

Women’s Empowerment in the Law Requires the Support of All
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In mid-June, as we all started thinking that the pandemic was winding down, I stepped into my role as…

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How to Effectively Oppose a Petition for Certiorari in the U.S. Supreme Court: A Practitioner’s Guide IN-DEPTH
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For its recipient, a certiorari petition can be an anticlimax. After years of successful litigation,…

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 Mergers & Acquisitions
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…

Mergers & Acquisitions

The Ins and Outs of Earn-Outs: A Delaware Perspective IN-DEPTH
85 Min Read Mergers & Acquisitions
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[lwptoc depth="6" numeration="none" skipHeadingLevel="h4,h5,h6"] Introduction Earn-Outs: A Dealmaker’s…

Bankruptcy & Finance

Corporations, LLCs & Partnerships

It’s All About the Bottom Line—Or Is It? Noneconomic Issues in Bankruptcy
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November 7, 2024
By: Jeffrey P. Bast, Christopher D. Hampson

In the realm of corporate restructuring, the parties, attorneys, and judges typically have a singular…

Top Contributors

Adine S. Momoh

Adine S. Momoh

Adine S. Momoh is a trial attorney with nearly two decades of private and public…

Scott Diamond

Scott Diamond

Scott Diamond is a securities, derivatives and banking attorney at Lewis Brisbois,…

Holly Peterson
Washington, DC

Holly Peterson

Holly Peterson is Counsel at Tenenbaum Law Group PLLC, a nationally recognized, Washington,…

Shastri Sandy

Shastri Sandy

Dr. Shastri Sandy is a Principal at The Brattle Group and co-leader of the firm’s…

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