Business Law Today from ABA | Issues, Articles

latest articles & videos

Bankruptcy & Finance

IN-DEPTH

31 Min Read More Bankruptcy & Finance

Gotcha! Caught in the Explicitness Trap

Internet Law & Cyber-Security

The Critical Role 21st Century Law Firms Must Assume To Help Clients Undertake Digital Transformation

IN-DEPTH

6 Min Read More Internet Law & Cyber-Security

The Critical Role 21st Century Law Firms Must Assume To…

Business Litigation & Dispute Resolution

4 Min Read Business Litigation & Dispute Resolution

Developing Four Essential Analytical Skills for Your Negotiating Team

By: George J. Siedel

In 2017, an ABA Business Law Section task force completed a landmark report titled “Defining Key Competencies for Business Lawyers”…

4 Min Read More Securities Law

SEC Amends Rule 701's Additional Disclosure Threshold from…

Business Regulation & Regulated Industries

3 Min Read More Business Regulation & Regulated Industries

Breaking Up Is Hard to Do: The Role of Non-Compete…

Corporations, LLCs & Partnerships

4 Min Read More Corporations, LLCs & Partnerships

Director Independence and the Governance Process

Corporations, LLCs & Partnerships

9 Min Read Corporations, LLCs & Partnerships

Charging Orders and Taxes: Some of the Answers May Surprise You

By: Jay D. Adkisson, Thomas E. Rutledge

Most post-judgment enforcement remedies employed by creditors result in easily understood and predictable tax consequences to…

You Were Relying on What? The Effect of a Pro-Sandbagging Clause on a Fraud Claim

IN-DEPTH

20 Min Read More Mergers & Acquisitions

You Were Relying on What? The Effect of a Pro-Sandbagging…

Internet Law & Cyber-Security

9 Min Read More Internet Law & Cyber-Security

SCOTUS Issues Landmark Decision on Cell Phone Location…

23 Min Watch Full Legal Opinions & Ethics

Program Spotlight: Rita-Anne O'Neill, Mian Wang, and Robert…

17 Min Watch Full Business Regulation & Regulated Industries

Member Spotlight: Jonice Gray Tucker on Banking Law

15 Min View Business Litigation & Dispute Resolution

Program Spotlight: Leslie Berkoff and Judge Joseph Iannazzone on Dispute Resolution

By: Leslie Ann Berkoff, Alison R. Manzer, Joseph Iannazzone

Watch Full

10 Min Watch Full Corporations, LLCs & Partnerships

Program Spotlight: Frank Placenti

4 Min Watch Full Internet Law & Cyber-Security

Author Spotlight: Edward A. Morse

latest articles & videos

Bankruptcy & Finance

IN-DEPTH

31 Min Read More Bankruptcy & Finance

Gotcha! Caught in the Explicitness Trap

Internet Law & Cyber-Security

IN-DEPTH

6 Min Read More Internet Law & Cyber-Security

The Critical Role 21st Century Law Firms Must Assume To…

Business Litigation & Dispute Resolution

4 Min Read Business Litigation & Dispute Resolution

Developing Four Essential Analytical Skills for Your Negotiating Team

By: George J. Siedel

In 2017, an ABA Business Law Section task force completed a landmark report titled “Defining Key Competencies for Business Lawyers”…

4 Min Read More Securities Law

SEC Amends Rule 701's Additional Disclosure Threshold from…

Business Regulation & Regulated Industries

3 Min Read Business Regulation & Regulated Industries

Breaking Up Is Hard to Do: The Role of Non-Compete Agreements When Employees Leave to Work for the Competition

By: Anat Maytal

Non-compete agreements are contractual restrictions that control employees’ future ability to work for competitors of their…

4 Min Read More Corporations, LLCs & Partnerships

Director Independence and the Governance Process

Corporations, LLCs & Partnerships

9 Min Read More Corporations, LLCs & Partnerships

Charging Orders and Taxes: Some of the Answers May Surprise…

You Were Relying on What? The Effect of a Pro-Sandbagging Clause on a Fraud Claim

By: Bryan Westhoff

A “pro-sandbagging” clause is a provision in an acquisition agreement in which the seller of a company agrees that the buyer’s…

9 Min Read More Internet Law & Cyber-Security

SCOTUS Issues Landmark Decision on Cell Phone Location…

23 Min Watch Full Legal Opinions & Ethics

Program Spotlight: Rita-Anne O'Neill, Mian Wang, and Robert…

17 Min View Business Regulation & Regulated Industries

Member Spotlight: Jonice Gray Tucker on Banking Law

By: Rachel Marin, Jonice Gray Tucker

Watch Full

15 Min Watch Full Business Litigation & Dispute Resolution

Program Spotlight: Leslie Berkoff and Judge Joseph…

10 Min Watch Full Corporations, LLCs & Partnerships

Program Spotlight: Frank Placenti

4 Min View Internet Law & Cyber-Security

Author Spotlight: Edward A. Morse

By: Diane Babal, Edward A. Morse

Watch Full

latest articles

Gotcha! Caught in the Explicitness Trap

By: Stephen L. Sepinuck

Consider the following three statements, each of which might be found in a written agreement for a commercial transaction: Borrower…

6 Min Read Internet Law & Cyber-Security

The Critical Role 21st Century Law Firms Must Assume To Help Clients Undertake Digital Transformation

By: Travis Bickham

There is a growing divide that separates companies that were “born digital” and legacy organizations struggling to digitally…

4 Min Read Business Litigation & Dispute Resolution

Developing Four Essential Analytical Skills for Your Negotiating Team

By: George J. Siedel

In 2017, an ABA Business Law Section task force completed a landmark report titled “Defining Key Competencies for Business Lawyers”…

4 Min Read Securities Law

SEC Amends Rule 701's Additional Disclosure Threshold from $5 Million To $10 Million—More Changes on the Horizon

By: Howard Dicker, Aabha Sharma

The U.S. Securities and Exchange Commission (SEC) approved an amendment to Rule 701(e) under the Securities Act of 1933 on July…

6 Min Read Securities Law

SEC Increases the Number of Companies Eligible for Reduced Disclosure

By: Brian S. North, Jennifer R. Minter

The Securities and Exchange Commission (SEC) has increased the number of companies eligible for reduced disclosure by amending…

3 Min Read Business Regulation & Regulated Industries

Breaking Up Is Hard to Do: The Role of Non-Compete Agreements When Employees Leave to Work for the Competition

By: Anat Maytal

Non-compete agreements are contractual restrictions that control employees’ future ability to work for competitors of their…

4 Min Read Corporations, LLCs & Partnerships

Director Independence and the Governance Process

By: Bruce Dravis

This article is adapted from the Director's Handbook: A Field Guide to 101 Situations Commonly Encountered in the Boardroom, edited…

9 Min Read Corporations, LLCs & Partnerships

Charging Orders and Taxes: Some of the Answers May Surprise You

By: Jay D. Adkisson, Thomas E. Rutledge

Most post-judgment enforcement remedies employed by creditors result in easily understood and predictable tax consequences to…

20 Min Read Mergers & Acquisitions

You Were Relying on What? The Effect of a Pro-Sandbagging Clause on a Fraud Claim

By: Bryan Westhoff

A “pro-sandbagging” clause is a provision in an acquisition agreement in which the seller of a company agrees that the buyer’s…

9 Min Read Internet Law & Cyber-Security

SCOTUS Issues Landmark Decision on Cell Phone Location Information with Major Implications for Fourth Amendment Privacy

By: Allen O'Rourke

On Friday, June 22, 2018, the Supreme Court issued its much-anticipated opinion in Carpenter v. United States, 585 US. __ (2018),…

23 Min View Legal Opinions & Ethics

Program Spotlight: Rita-Anne O'Neill, Mian Wang, and Robert Keatinge on Professional Responsibility Programming

By: Kevin Johnson, Robert Keatinge, Mian Wang, Rita-Anne O'Neill

Watch Full

17 Min View Business Regulation & Regulated Industries

Member Spotlight: Jonice Gray Tucker on Banking Law

By: Rachel Marin, Jonice Gray Tucker

Watch Full

15 Min View Business Litigation & Dispute Resolution

Program Spotlight: Leslie Berkoff and Judge Joseph Iannazzone on Dispute Resolution

By: Leslie Ann Berkoff, Alison R. Manzer, Joseph Iannazzone

Watch Full

10 Min View Corporations, LLCs & Partnerships

Program Spotlight: Frank Placenti

By: Bruce Dravis, Frank M. Placenti

Watch Full

4 Min View Internet Law & Cyber-Security

Author Spotlight: Edward A. Morse

By: Diane Babal, Edward A. Morse

Watch Full

New Publication: Model Asset Purchase Agreement for Bankruptcy Sales

By: ABA Publishing

New Publication: Model Asset Purchase Agreement for Bankruptcy Sales Using the Negotiated Acquisitions…

15 Min Read Bankruptcy & Finance

Assignment for the Benefit of Creditors: Effective Tool for Acquiring and Winding Up Distressed…

By: David Kupetz

An assignment for the benefit of creditors (ABC) is a business liquidation device available to an insolvent…

6 Min Read Business Litigation & Dispute Resolution

Daimler AG v. Bauman, et al., 134 S. Ct. 746 (2014)

By: Marjorie Witter Norman, Elizabeth Weldon

On January 14, 2014, the U.S. Supreme Court issued its opinion in Daimler AG v. Bauman, et al., No. 11-965,…

16 Min Read Business Litigation & Dispute Resolution

New Amendments to the Federal Rules of Civil Procedure: What’s the Big Idea?

By: Joseph Marinelli

About once a year, our firm librarian drops off a revised edition of the Federal Rules of Civil Procedure.…

Common Qualifications to a Remedies Opinion in U.S. Commercial Loan Transactions

IN-DEPTH

115 Min Read Bankruptcy & Finance

Common Qualifications to a Remedies Opinion in U.S. Commercial Loan Transactions

By: Gail Merel, A. Mark Adcock, Robert W. Barron, Willis R. Buck, Jr., Jerome A. Grossman, Louis G. Hering, Timothy G. Hoxie, Andrew M. Kaufman, Reade H. Ryan, Jr., Philip B. Schwartz, Stephen C. Tarry

As a condition to the closing of many types of business transactions, one or more of the parties may…

2 Min Read Business Regulation & Regulated Industries

Federal Circuit Clarifies On-Sale Bar to Patentability for “Secret Sales”

By: Joseph Marinelli

U.S. patent laws bar patentability of an invention if it was “on sale” more than one year before…

16 Min Read Bankruptcy & Finance

Is Foreclosing on a Security Interest Collection of a Debt? Perspectives on the Application of the…

By: Sulejman Dizdarevic, Matthew Stromquist

Congress passed the Fair Debt Collection Practices Act (FDCPA) in 1977 following a wave of reports of…

16 Min Read Business Litigation & Dispute Resolution

New Amendments to the Federal Rules of Civil Procedure: What’s the Big Idea?

By: Joseph Marinelli

About once a year, our firm librarian drops off a revised edition of the Federal Rules of Civil Procedure.…

Ft. Lauderdale, FL

Senior SEC Official Provides Regulatory Clarity for Digital Assets

Sin Eaters, Moles, and Eternal Damnation: Europe’s Quasi-Religious War Against U.S. Internet Companies

Mergers, Acquisitions, and Conversions in the Context of Nonprofit Organizations

8/30 Webinar | Content Development–The Path to Showcase Legal Expertise

SEC Proposes Permanent Solution to Rule Issues for Investment Companies

Representing Minority Members of an LLC in Negotiating an LLC Agreement

Start Up or Clean Up? Establishing and Maintaining the Corporate Shield

Read this month’s briefing for your area of practice.

latest articles & videos

Bankruptcy & Finance

Gotcha! Caught in the Explicitness Trap

Internet Law & Cyber-Security

The Critical Role 21st Century Law Firms Must Assume To…

Business Litigation & Dispute Resolution

Developing Four Essential Analytical Skills for Your Negotiating Team

Securities Law

SEC Amends Rule 701's Additional Disclosure Threshold from…

Securities Law

SEC Increases the Number of Companies Eligible for Reduced…

Business Regulation & Regulated Industries

Breaking Up Is Hard to Do: The Role of Non-Compete…

Corporations, LLCs & Partnerships

Director Independence and the Governance Process

Corporations, LLCs & Partnerships

Charging Orders and Taxes: Some of the Answers May Surprise You

Mergers & Acquisitions

You Were Relying on What? The Effect of a Pro-Sandbagging…

Internet Law & Cyber-Security

SCOTUS Issues Landmark Decision on Cell Phone Location…

Program Spotlight: Rita-Anne O'Neill, Mian Wang, and Robert…

Member Spotlight: Jonice Gray Tucker on Banking Law

Program Spotlight: Leslie Berkoff and Judge Joseph Iannazzone on Dispute Resolution

Program Spotlight: Frank Placenti

Author Spotlight: Edward A. Morse

latest articles & videos

Bankruptcy & Finance

Gotcha! Caught in the Explicitness Trap

Internet Law & Cyber-Security

The Critical Role 21st Century Law Firms Must Assume To…

Business Litigation & Dispute Resolution

Developing Four Essential Analytical Skills for Your Negotiating Team

Securities Law

SEC Amends Rule 701's Additional Disclosure Threshold from…

Securities Law

SEC Increases the Number of Companies Eligible for Reduced…

Business Regulation & Regulated Industries

Breaking Up Is Hard to Do: The Role of Non-Compete Agreements When Employees Leave to Work for the Competition

Corporations, LLCs & Partnerships

Director Independence and the Governance Process

Corporations, LLCs & Partnerships

Charging Orders and Taxes: Some of the Answers May Surprise…

Mergers & Acquisitions

You Were Relying on What? The Effect of a Pro-Sandbagging Clause on a Fraud Claim

Internet Law & Cyber-Security

SCOTUS Issues Landmark Decision on Cell Phone Location…

Program Spotlight: Rita-Anne O'Neill, Mian Wang, and Robert…

Member Spotlight: Jonice Gray Tucker on Banking Law

Program Spotlight: Leslie Berkoff and Judge Joseph…

Program Spotlight: Frank Placenti

Author Spotlight: Edward A. Morse

latest articles

Bankruptcy & Finance

Gotcha! Caught in the Explicitness Trap

Internet Law & Cyber-Security

The Critical Role 21st Century Law Firms Must Assume To Help Clients Undertake Digital Transformation

Business Litigation & Dispute Resolution

Developing Four Essential Analytical Skills for Your Negotiating Team

Securities Law

SEC Amends Rule 701's Additional Disclosure Threshold from $5 Million To $10 Million—More Changes on the Horizon

Securities Law

SEC Increases the Number of Companies Eligible for Reduced Disclosure

Business Regulation & Regulated Industries

Breaking Up Is Hard to Do: The Role of Non-Compete Agreements When Employees Leave to Work for the Competition

Corporations, LLCs & Partnerships

Director Independence and the Governance Process

Corporations, LLCs & Partnerships

Charging Orders and Taxes: Some of the Answers May Surprise You

Mergers & Acquisitions

You Were Relying on What? The Effect of a Pro-Sandbagging Clause on a Fraud Claim

Internet Law & Cyber-Security