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

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
26 Min Read Mergers & Acquisitions
Today

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

By: John T. Capetta
When pursuing a representations and warranties insurance (“RWI”) claim, an insured will sometimes be confronted with a contradictory policy provision or rule of law, or both. In such a situation, consideration of two doctrines may be of help: reasonable expectations of the insured, with respect to insurance law, and manifest disregard of the law, with... Read more »

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

Business Regulation & Regulated Industries

Changes to NMLS Individual Disclosure Questions Take Effect
3 Min Read Business Regulation & Regulated Industries
May 15, 2026

Changes to NMLS Individual Disclosure Questions Take Effect

By: Rachael Aspery, Amy Greenwood-Field, Robert W. Savoie
Effective April 18, 2026, the Nationwide Multistate Licensing System (“NMLS”) implemented changes to the Individual (MU2 and MU4) Disclosure Questions along with definitional updates that also apply to Company (MU1) and Branch (MU3) Disclosure Questions that will impact existing licensees (“Update”). The Update requires disclosure question updates for individuals identified as control persons, branch managers,... Read more »

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 Litigation & Dispute Resolution

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

Corporations, LLCs & Partnerships

Business Regulation & Regulated Industries

Remote and Hybrid Employees: Navigating the Legal Challenges for Nonprofits
10 Min Read Corporations, LLCs & Partnerships
May 5, 2026

Remote and Hybrid Employees: Navigating the Legal Challenges for Nonprofits

By: Holly Peterson
It’s been six years since a global pandemic transformed the employment landscape for nonprofit organizations by cementing remote and hybrid work arrangements as an industry norm. While remote work presents many benefits—reduced real estate footprints, more manageable overhead costs, recruitment and retention advantages, and the promise of a better work-life balance—it also grafts expansive compliance... Read more »

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

latest articles & videos

 Discounting in Valuation Litigation: Single vs. Multiple Discount Rates

Corporate Clients Have Never Had a Real Legal Partner

Changes to NMLS Individual Disclosure Questions Take Effect

7th Circuit Holds BIPA Damages Remedy Applies Retroactively

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

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

40 Years of the M&A Committee: Developments in International M&A

In‑House Counsel’s Guide to the ABA Business Law Section Spring Meeting 2026

latest articles

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

Business of Law

Corporate Clients Have Never Had a Real Legal Partner

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 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

Mergers & Acquisitions

International Business Law

40 Years of the M&A Committee: Developments in International M&A

Internet Law & Cybersecurity

Business Regulation & Regulated Industries

When Deft Hands Are Needed: DoD’s Conflicted Strategies for Acquiring IP Rights in AI Systems

Mergers & Acquisitions

Business of Law

40 Years of the M&A Committee: Advantages of Being a Member of the Committee

Business of Law

In‑House Counsel’s Guide to the ABA Business Law Section Spring Meeting 2026
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Bankruptcy & Finance

Corporations, LLCs & Partnerships

It’s All About the Bottom Line—Or Is It? Noneconomic Issues in Bankruptcy
7 Min Read Bankruptcy & Finance
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…

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Accidentally Defining Fraud So Reliance Is Not Required
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October 15, 2024
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This article is Part III in the Many Splendors of Fraud Claims series by Glenn D. West, which explores…

Business Regulation & Regulated Industries

A Cannabis Conflict of Law: Federal vs. State Law
7 Min Read Business Regulation & Regulated Industries
March 21, 2022
By: Amy J. Kellogg, Caitlin A. Anderson, Meg C. Michiels

A decade ago, the thought of legalized marijuana—even for medicinal purposes—was cutting edge and…

Business of Law

Beware Do-It-Yourself Litigation Funding
8 Min Read Business of Law
October 7, 2021
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When you receive a loan, is the money taxable? Of course not, because you must pay back the money. That…

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play Practice Area Insights — Bad Boys of Bankruptcy: Behind the Voices
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Mergers & Acquisitions

Business Litigation & Dispute Resolution

Business Regulation & Regulated Industries

A Sheep in Wolf’s Clothing: The Fines or Penalties Exclusion in RWI Policies
14 Min Read Mergers & Acquisitions
November 11, 2025
By: John T. Capetta

The exclusions clause of an insurance policy sets forth a series of exceptions to coverage under the…

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

Case Law Matters: Drafting Lessons that Every M&A Lawyer Should Learn, But Not the Hard Way
12 Min Read Mergers & Acquisitions
July 28, 2022
By: Nathaniel M. Cartmell III, Nicholas D. Mozal, Veronica T. Nunn, Lisa J. Hedrick

At the ABA Business Law Section’s 2022 spring meeting in Atlanta, the M&A Committee presented a…

Mergers & Acquisitions

Business Litigation & Dispute Resolution

Making Sure Your Survival Clause Works as Intended
10 Min Read Mergers & Acquisitions
March 7, 2025
By: Glenn D. West

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

Top Contributors

Betere Gizaw

Betere Gizaw

Betre Gizaw is a partner in King & Spalding’s International Trade team. Betre advises global…

Kimberly A. Prior

Kimberly A. Prior

Kimberly Prior is a leading financial services regulatory lawyer. She works with…

Pam Ly

Pam Ly

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

Mark Ellis

Mark Ellis

Mark Ellis is a legal scholar and educator with more than twenty-five years of experience…

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