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

Mergers & Acquisitions

Business Litigation & Dispute Resolution

Is New York ‘Reimagining’ the Implied Covenant of Good Faith and Fair Dealing?
39 Min Read Mergers & Acquisitions
Yesterday

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

By: Glenn D. West
This article is Part XII 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. New York courts have a justifiable reputation for enforcing sophisticated commercial agreements in accordance with their... Read more »

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

Business of Law

Corporate Clients Have Never Had a Real Legal Partner
6 Min Read Business of Law
June 4, 2026

Corporate Clients Have Never Had a Real Legal Partner

By: Lana J. Manganiello
In April 2026, the New York Times profiled the founder of Medvi, a new AI-enabled telehealth company selling weight-loss drugs. So far, Medvi is on track to do $1.8 billion in revenue this year with just two employees. Like every fast-growing company operating in a highly regulated industry, Medvi has significant and growing legal exposure.... 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

Mergers & Acquisitions

Business Regulation & Regulated Industries

Transaction Review Laws Expand Regulation of Healthcare M&A
8 Min Read Mergers & Acquisitions
May 12, 2026

Transaction Review Laws Expand Regulation of Healthcare M&A

By: Ari J. Markenson, Emma Pons Claramunt
An increasing number of states have recently enacted healthcare transaction review laws (“TRLs”). These laws reflect a decisive shift in state health policy. Transactions that historically fell within the domains of corporate law, regulatory licensure transfer oversight, and federal antitrust enforcement are now subject to independent state-level review regimes that often require advance notice; extended... Read more »

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

latest articles & videos

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

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

latest articles

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

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
Read More

recommended for you

Internet Law & Cybersecurity

Seven Tips for Better Technology Services Agreements
9 Min Read Internet Law & Cybersecurity
May 10, 2023
By: Lisa R. Lifshitz

In a perfect world, all technology vendors would present their clients with balanced legal agreements…

Mergers & Acquisitions

Business Litigation & Dispute Resolution

The Perils of the Busted Cross-Reference
6 Min Read Mergers & Acquisitions
November 15, 2024
By: Glenn D. West

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

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

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…

play A Deeper Dive — Current Issues in Corporate Venture Capital: New Deal Structures and Documentation
18 Min View Securities Law
August 30, 2023
By: Sandi Knox, Ari Ruffer, Ada Wall

play Practice Area Insights — Opportunities and Challenges of Lawyering to Advance Just and Transformative Investment
24 Min View Securities Law
September 5, 2023
By: Jinna Kwak, Dorcas R. Gilmore

play Practice Area Insights — Bad Boys of Bankruptcy: Behind the Voices
13 Min View Bankruptcy & Finance
September 6, 2023
By: Hon. Elizabeth L. Gunn, Charles Rubio

play Practice Area Insights — The State of Alternative Dispute Resolution
14 Min View Business Litigation & Dispute Resolution
September 5, 2023
By: Ingeuneal C. Gray, Leslie Ann Berkoff

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…

Business Litigation & Dispute Resolution

Business of Law

Tired of Being a Shark? Structured Negotiation Offers an Alternative
6 Min Read Business Litigation & Dispute Resolution
January 18, 2022
By: Lainey Feingold

The second edition of my book, Structured Negotiation, a Winning Alternative to Lawsuits, adds two new…

play Case Review — Axon Enterprise, Inc. v. Federal Trade Commission
16 Min View Business Litigation & Dispute Resolution
August 21, 2023
By: Jay A. Dubow, Mary Weeks

Mergers & Acquisitions

Business Litigation & Dispute Resolution

The Perils of the Busted Cross-Reference
6 Min Read Mergers & Acquisitions
November 15, 2024
By: Glenn D. West

This article is Part II 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…

See More
© 2026 American Bar Association

Login or Registration Required

You need to be logged in to complete that action.

Register/Login