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

Mishandling Gender Identity Information Could Cost Your Life Sciences Company Millions
5 Min Read Business Regulation & Regulated Industries
July 7, 2026

Mishandling Gender Identity Information Could Cost Your Life Sciences Company Millions

By: Darshan Kulkarni
Pharmaceutical and medical device companies increasingly collect gender identity data in clinical trials, patient support programs, and direct-to-patient (“DTP”) marketing. The aim is usually positive: increase representation, improve inclusion, or meet regulatory expectations. But mishandling this data carries real risks. Under modern privacy frameworks, gender identity is treated as a form of sensitive data. Improper... Read more »

Business Regulation & Regulated Industries

Internet Law & Cybersecurity

California Court Finalizes Summary Judgment in Favor of OppFi, Rejects DFPI’s ‘True Lender’ Theory

Business Regulation & Regulated Industries

Mergers & Acquisitions

Mitigating Risk in the Evolving Medspa Landscape

Bankruptcy & Finance

U.S. v. Miller: Sovereign Immunity Waived for Claim, Not for Underlying State Law
8 Min Read Bankruptcy & Finance
June 16, 2026

U.S. v. Miller: Sovereign Immunity Waived for Claim, Not for Underlying State Law

By: Adine S. Momoh
Section 106(a) of the Bankruptcy Code waives sovereign immunity for certain claims, including those under § 544. But does this waiver allow a trustee to bring a suit against a governmental unit under § 544(b)(1) based on state law? Until recently, courts were split. To resolve the issue, the U.S. solicitor general filed a petition for certiorari... Read more »

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

Corporations, LLCs & Partnerships

Internet Law & Cybersecurity

Top Ten AI Usage Policy Considerations for Nonprofits

Business of Law

Investing in High-Impact Pro Bono Projects as a Transactional Lawyer
6 Min Read Business of Law
May 27, 2026

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

By: Sandrine Siewe
Beyond a lawyer’s professional responsibility to provide services to those who cannot afford to secure legal representation, pro bono work is emerging as a powerful vehicle for strategic, lasting, and transformative change in communities. At the ABA Business Law Section 2026 Spring Meeting held in Atlanta, Georgia, the ABA Business Law Section Pro Bono Committee... Read more »

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

latest articles & videos

 Mitigating Risk in the Evolving Medspa Landscape

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

U.S. v. Miller: Sovereign Immunity Waived for Claim, Not for Underlying State Law

Discounting in Valuation Litigation: Single vs. Multiple Discount Rates

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

latest articles

Business Regulation & Regulated Industries

Internet Law & Cybersecurity

Mishandling Gender Identity Information Could Cost Your Life Sciences Company Millions

Business Regulation & Regulated Industries

Internet Law & Cybersecurity

California Court Finalizes Summary Judgment in Favor of OppFi, Rejects DFPI’s ‘True Lender’ Theory

Business Regulation & Regulated Industries

Mergers & Acquisitions

Mitigating Risk in the Evolving Medspa Landscape

Business of Law

Internet Law & Cybersecurity

Legal Opinions & Ethics

AI in the Trenches: Of Humans, by Humans, for Humans

Corporations, LLCs & Partnerships

Business of Law

Process Is Your Friend: A Practical Toolkit for Strong Board Governance

Business Regulation & Regulated Industries

Internet Law & Cybersecurity

Business Litigation & Dispute Resolution

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

Mergers & Acquisitions

Business Litigation & Dispute Resolution

Is New York ‘Reimagining’ the Implied Covenant of Good Faith and Fair Dealing?

Business of Law

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

Bankruptcy & Finance

U.S. v. Miller: Sovereign Immunity Waived for Claim, Not for Underlying State Law

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

Corporations, LLCs & Partnerships

Internet Law & Cybersecurity

Top Ten AI Usage Policy Considerations for Nonprofits

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

Business Litigation & Dispute Resolution

Four Recent Second Circuit Decisions Make Arbitration Just Another Contract

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
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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 Corporations, LLCs & Partnerships
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…

Mergers & Acquisitions

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

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

Business Regulation & Regulated Industries

Business of Law

Business Litigation & Dispute Resolution

Tax on the Sale or Assignment of Legal Claims IN-DEPTH
15 Min Read Business Regulation & Regulated Industries
March 16, 2026
By: Robert W. Wood

Sales and assignments of legal claims have generated increasing interest in recent years. Quite apart…

Securities Law

Business Regulation & Regulated Industries

Repricing Underwater Options IN-DEPTH
43 Min Read Securities Law
July 26, 2022
By: Colin J. Diamond, Henrik P. Patel

[lwptoc numeration="none"] Public companies in a number of sectors have recently experienced a significant…

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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play Practice Area Insights — Exploring General Counsel Responsibilities and Trends
14 Min View Business of Law
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play Practice Area Insights — Corporate Governance and Inclusive Leadership
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Business of Law

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

Mergers & Acquisitions

Business Litigation & Dispute Resolution

The Muddy Bog That Is Successor Liability in U.S. Distressed Asset Purchase Transactions
13 Min Read Mergers & Acquisitions
March 4, 2026
By: Glenn D. West

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

play Practice Area Insights — Current Issues in Bankruptcy
17 Min View Bankruptcy & Finance
December 16, 2022
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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…

Top Contributors

Pam Ly

Pam Ly

Pam Ly is an attorney licensed in New York and Washington, D.C. and Certified Mediator…

Ines Lassalle

Ines Lassalle

Ines Lassalle is a dual-qualified attorney admitted in California and France, focusing…

Jae Hyung Ryu
New York, NY

Jae Hyung Ryu

Jae Hyung Ryu is Associate Professor of Law and Director of the Plumeri Center for…

Alexander Gottstein
Cologne, Germany

Alexander Gottstein

Alexander Gottstein is a salary partner at MTR Legal. He studied law at Bucerius…

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