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

Read More

latest articles & videos

Business Litigation & Dispute Resolution

Securities Law

A Remedy Without a Lawsuit: Business Litigation After FS Credit Opportunities v. Saba Capital
13 Min Read Business Litigation & Dispute Resolution
Today

A Remedy Without a Lawsuit: Business Litigation After FS Credit Opportunities v. Saba Capital

By: Mark Ellis
The Supreme Court’s 2026 decision in FS Credit Opportunities Corp. v. Saba Capital Master Fund arose from a clash between Maryland control-share protections and the Investment Company Act of 1940. Several Maryland closed-end funds adopted resolutions limiting voting rights for shareholders holding disproportionate positions unless other shareholders approved. Activist investor Saba Capital argued that the... Read more »

Business Regulation & Regulated Industries

Business Litigation & Dispute Resolution

How Helms-Burton Act Recoveries Are Taxed

Business Regulation & Regulated Industries

Business Litigation & Dispute Resolution

D.C. Circuit Upholds Jury Damages Award to GSE Shareholders

Business Regulation & Regulated Industries

How the Mortgage Industry Is Responding to the Housing Affordability Crisis
5 Min Read Business Regulation & Regulated Industries
August 10, 2026

How the Mortgage Industry Is Responding to the Housing Affordability Crisis

By: Andrew Spillane, Bradley Blower, Daniel Brown, Anneliese Lederer, Leslie Sowers
Many people believe the American dream of owning a home is becoming further and further out of reach. Market data paints a striking picture. As home prices rapidly rose in the wake of the COVID-19 pandemic, increases in median income failed to keep pace. Whereas a market standard is that homeownership costs generally should not... Read more »

Business Regulation & Regulated Industries

Consumer Sentinel Data as a Business Law Tool for Measuring Consumer Financial Harm

Business Regulation & Regulated Industries

DOJ Settles Challenge to OhioHealth Care System’s Insurance Contracting Practices
6 Min Read Internet Law & Cybersecurity
July 23, 2026

Emerging Data Center Litigation

By: Davina Pujari, Chris Rheinheimer, Gina Aiello, Julia Petsche, Veronica Flores, Hannah Vanderlaan  | July 23, 2026

Corporations, LLCs & Partnerships

Is Now the Time to Convert Your Farming Partnership to an LLC or S Corporation?
8 Min Read Corporations, LLCs & Partnerships
July 22, 2026

Is Now the Time to Convert Your Farming Partnership to an LLC or S Corporation?

By: Thomas E. Rutledge, William E. Cartwright
There has been a significant change in the laws governing how farms may be owned and operated. The “how” and “why” are somewhat involved, so bear with us as we explain why reorganizing those properties and operations into limited liability companies (“LLCs”), limited partnerships, or S corporations should now be considered. Agricultural Real Estate Ownership... Read more »

Mergers & Acquisitions

Business Litigation & Dispute Resolution

Further Assurances Clauses: Making the Implied Covenant Express

Business Regulation & Regulated Industries

Internet Law & Cybersecurity

When Selling Gift Cards Makes You a Money Transmitter

latest articles & videos

 D.C. Circuit Upholds Jury Damages Award to GSE Shareholders

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

How the Mortgage Industry Is Responding to the Housing Affordability Crisis

Economic Issues in IEEPA Tariff Duty Rebate Cases

Abuse of Power: A New Ground in France for Declaring Corporate Decisions Null and Void

Further Assurances Clauses: Making the Implied Covenant Express

Mishandling Gender Identity Information Could Cost Your Life Sciences Company Millions

Mitigating Risk in the Evolving Medspa Landscape

latest articles

Business Litigation & Dispute Resolution

Securities Law

A Remedy Without a Lawsuit: Business Litigation After FS Credit Opportunities v. Saba Capital

Business Regulation & Regulated Industries

Business Litigation & Dispute Resolution

How Helms-Burton Act Recoveries Are Taxed

Business Regulation & Regulated Industries

Business Litigation & Dispute Resolution

D.C. Circuit Upholds Jury Damages Award to GSE Shareholders

Business Regulation & Regulated Industries

Business Litigation & Dispute Resolution

Should Text Messages Be Considered ‘Calls’ Under the TCPA? The Seventh Circuit Says No

Business of Law

Don’t Set and Forget Your Contracts

Business of Law

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

Corporations, LLCs & Partnerships

Legal Leadership Through Governance: Rediscovering Checks and Balances

Internet Law & Cybersecurity

Business Litigation & Dispute Resolution

Business of Law

How AI Is Helping Legal Teams Spot Where Their Consumer Data Is at Risk

Business Regulation & Regulated Industries

How the Mortgage Industry Is Responding to the Housing Affordability Crisis

Business Regulation & Regulated Industries

Consumer Sentinel Data as a Business Law Tool for Measuring Consumer Financial Harm

Business Regulation & Regulated Industries

DOJ Settles Challenge to OhioHealth Care System’s Insurance Contracting Practices

Business Litigation & Dispute Resolution

Business Regulation & Regulated Industries

Economic Issues in IEEPA Tariff Duty Rebate Cases

Internet Law & Cybersecurity

Cell Phone Location Data/History Warrant Request: Is It a Fourth Amendment Search?

Corporations, LLCs & Partnerships

Board of Directors: Fiduciary Duties and Balancing Risk, Reputation, and Long-Term Value

International Business Law

Corporations, LLCs & Partnerships

Abuse of Power: A New Ground in France for Declaring Corporate Decisions Null and Void

Internet Law & Cybersecurity

Business Litigation & Dispute Resolution

Emerging Data Center Litigation
6 Min Read Internet Law & Cybersecurity
July 23, 2026

Emerging Data Center Litigation

By: Davina Pujari, Chris Rheinheimer, Gina Aiello, Julia Petsche, Veronica Flores, Hannah Vanderlaan  | July 23, 2026

Corporations, LLCs & Partnerships

Is Now the Time to Convert Your Farming Partnership to an LLC or S Corporation?

Mergers & Acquisitions

Business Litigation & Dispute Resolution

Further Assurances Clauses: Making the Implied Covenant Express

Business Regulation & Regulated Industries

Internet Law & Cybersecurity

When Selling Gift Cards Makes You a Money Transmitter

International Business Law

Corporations, LLCs & Partnerships

Germany Market Entry for U.S. Companies: Structure Considerations

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

Legal Opinions & Ethics

Internet Law & Cybersecurity

Business of Law

Legal Ethics and Practical Considerations for Business Lawyers Using AI in Modern Legal Practice

Business Regulation & Regulated Industries

Mergers & Acquisitions

Mitigating Risk in the Evolving Medspa Landscape
Read More

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Legal Opinions & Ethics

A Renewed Emphasis on ABA Model Rule 4.2
10 Min Read Legal Opinions & Ethics
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…

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…

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…

Bankruptcy & Finance

Business Litigation & Dispute Resolution

The Barton Doctrine: Is It Applicable After Closing of a Bankruptcy Case? IN-DEPTH
22 Min Read Bankruptcy & Finance
March 9, 2026
By: Hon. Paul R. Hage, Katherine Held

The Barton doctrine, first articulated by the Supreme Court in 1881, requires a party to obtain leave…

play Practice Area Insights — Understanding and Planning for Cybersecurity Incident Response
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December 16, 2022
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play A Deeper Dive — “Green$” for Green: Structuring and Documenting Sustainable Finance Deals
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play Practice Area Insights — Delving into Books and Records Demands
23 Min View Corporations, LLCs & Partnerships
December 19, 2022
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Business of Law

Beware Do-It-Yourself Litigation Funding
8 Min Read Business of Law
October 7, 2021
By: Robert W. Wood

When you receive a loan, is the money taxable? Of course not, because you must pay back the money. That…

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…

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 Practice Area Insights — Opportunities and Challenges of Lawyering to Advance Just and Transformative Investment
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September 5, 2023
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