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

International Business Law

Corporations, LLCs & Partnerships

Germany Market Entry for U.S. Companies: Structure Considerations
12 Min Read International Business Law
Today

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

By: Alexander Gottstein
Germany remains one of the most attractive European markets for U.S. companies seeking international expansion. Its central location, strong industrial base, sophisticated customer markets, and access to the wider European Union make it a natural choice for businesses looking to establish a European presence. At the same time, a successful entry strategy involves more than... Read more »

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

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
June 12, 2026

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

Mergers & Acquisitions

Business Litigation & Dispute Resolution

The ‘Officious Bystander’ and the Implied Covenant of Good Faith and Fair Dealing
23 Min Read Mergers & Acquisitions
May 20, 2026

The ‘Officious Bystander’ and the Implied Covenant of Good Faith and Fair Dealing

By: Glenn D. West
This article is Part XI 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. What does a hypothetical, annoyingly intrusive, know-it-all person, who observes your and your counterparty’s negotiations and makes... 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

latest articles & videos

 California Court Finalizes Summary Judgment in Favor of OppFi, Rejects DFPI’s ‘True Lender’ Theory

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

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

AI Prompts and Responses: Records or Not, Here We Come

Corporate Clients Have Never Had a Real Legal Partner

Rule of Law Recession Accelerates as Authoritarian Trend Deepens, WJP Index Finds

The Digital Services Act and Transatlantic Intellectual Property Enforcement: What U.S. Companies Need to Know

7th Circuit Holds BIPA Damages Remedy Applies Retroactively

latest articles

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

Internet Law & Cybersecurity

7th Circuit Holds BIPA Damages Remedy Applies Retroactively
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Mergers & Acquisitions

Securities Law

Announcing the Model Short Stock Purchase Agreement (U.S. Version)
7 Min Read Mergers & Acquisitions
April 6, 2026
By: ABA Business Law Section Joint Task Force on Model Short Form M&A Documents, Jason Balog, Eric K. Graben, Brian Blaylock, May Lu, James P. O’Sullivan

The Joint Task Force on Model Short Form M&A Documents of the American Bar Association Business Law…

Corporations, LLCs & Partnerships

Boeing and the Ongoing Evolution of Director Responsibilities
5 Min Read Corporations, LLCs & Partnerships
December 14, 2021
By: Suzanne H. Gilbert, H. Stephen Grace Jr., S. Lawrence Prendergast

The Boeing Company Derivative Litigation evidences the increased focus on director responsibilities for…

Legal Opinions & Ethics

International Business Law

Customary Practice and Diligence in Legal Opinion Letters, and Cross-Border Comparisons
8 Min Read Legal Opinions & Ethics
November 13, 2025
By: Daniel M. Cole

A German attorney, a New York attorney, and a Canadian attorney walk into a bar and stay until last call.…

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 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

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

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

Mergers & Acquisitions

The Ins and Outs of Earn-Outs: A Delaware Perspective IN-DEPTH
85 Min Read Mergers & Acquisitions
March 15, 2022
By: Richard De Rose

[lwptoc depth="6" numeration="none" skipHeadingLevel="h4,h5,h6"] Introduction Earn-Outs: A Dealmaker’s…

Business of Law

Women’s Empowerment in the Law Requires the Support of All
7 Min Read Business of Law
October 8, 2021
By: Kristen Prinz

In mid-June, as we all started thinking that the pandemic was winding down, I stepped into my role as…

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

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

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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