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

When Selling Gift Cards Makes You a Money Transmitter
8 Min Read Business Regulation & Regulated Industries
Yesterday

When Selling Gift Cards Makes You a Money Transmitter

By: Ines Lassalle
A foreign luxury brand decides to sell gift cards in the United States. The cards can be redeemed at any of the brand’s affiliated boutiques, hotels, or restaurants—independently owned businesses that share the brand name and pay the parent a licensing fee. The brand’s headquarters collects the money when the card is sold. Months later,... Read more »

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

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

 Mishandling Gender Identity Information Could Cost Your Life Sciences Company Millions

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

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

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

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

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
Read More

recommended for you

Business Litigation & Dispute Resolution

How to Effectively Oppose a Petition for Certiorari in the U.S. Supreme Court: A Practitioner’s Guide IN-DEPTH
31 Min Read Business Litigation & Dispute Resolution
May 14, 2026
By: Timothy S. Bishop, Michael A. Scodro, Timothy B. Leake

For its recipient, a certiorari petition can be an anticlimax. After years of successful litigation,…

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…

Mergers & Acquisitions

Business Litigation & Dispute Resolution

Accidentally Defining Fraud So Reliance Is Not Required
6 Min Read Mergers & Acquisitions
October 15, 2024
By: Glenn D. West

This article is Part III in the Many Splendors of Fraud Claims series by Glenn D. West, which explores…

Business Litigation & Dispute Resolution

When Can the Covenant of Good Faith and Fair Dealing Be Invoked?
5 Min Read Business Litigation & Dispute Resolution
February 22, 2024
By: Hon. Kathleen M. Miller

Delaware is a contractarian state, which allows parties the freedom to contract as they see fit and leaves…

play Practice Area Insights — Corporate Governance and Inclusive Leadership
27 Min View Mergers & Acquisitions
September 6, 2023
By: Jennifer S. Fan

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 — Exploring General Counsel Responsibilities and Trends
14 Min View Business of Law
September 5, 2023
By: Matt Boisen, Allison Handy

play A Deeper Dive — The Impact of the CFSA Case on the CFPB: Will the Supreme Court Un-Ring a Bell?
30 Min View Business Regulation & Regulated Industries
August 30, 2023
By: Jim Milano, Rachel Gittleman, Jennifer Lee, Christopher Peterson, Christopher Willis

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…

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…

play Practice Area Insights — Current Issues in Bankruptcy
17 Min View Bankruptcy & Finance
December 16, 2022
By: Judge Christopher Mark Alston

International Business Law

Securities Law

Corporations, LLCs & Partnerships

Business Regulation & Regulated Industries

The Transatlantic Divide in ESG Disclosure Requirements: Why This Matters to Global Businesses IN-DEPTH
14 Min Read International Business Law
March 18, 2025
By: Debra Gatison Hatter, Caroline May, Giulia Barbone, John Ngunjiri, Alexia Thomas

This article provides a high-level overview of approaches to ESG disclosures in the United States, European…

Top Contributors

Nathaniel R. Torres
New York, NY

Nathaniel R. Torres

Nathaniel R. Torres is VP, Counsel and Assistant Corporate Secretary at MUFG Bank,…

Lisa R. Lifshitz
Toronto, Canada

Lisa R. Lifshitz

A partner in Torkin Manes’ Business Law Group, Lisa practises exclusively in the…

Tanya Pahwa
New York, NY

Tanya Pahwa

Tanya is a Senior Associate in the New York office of FBT Gibbons LLP. She advises…

K. Tyler O’Connell
Wilmington, DE

K. Tyler O’Connell

Tyler O’Connell represents companies, members of management and investors in business…

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