Business Law and Corporate Law

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Business law and corporate law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve business and corporate law produced by specialists working in this area every day.
Article
USDA Proposes Major Overhaul Of AFIDA Rules: In Focus On The Expansion Of The “Significant Interest Or Substantial Control” Test To Include “Beneficial Owners”
This Advisory is a companion to our June 2026 Advisory on the proposed rule (Docket No. USDA-2026-0001; RIN 0560-AI70) published by the U.S. Department of Agriculture (USDA) on June 25, 2026, that would, if finalized in its current form, make significant changes to the Agricultural Foreign Investment Disclosure Act (AFIDA). Here, we focus more closely on the proposed expanded definition of “foreign persons” subject to filing requirements under AFIDA.
United States Commercial
AP
Arnold & Porter
Article
Buying A Business In The U.S., Part 1: How To Find Them
This comprehensive guide explores the landscape of small business acquisitions in the United States, detailing where prospective buyers can discover purchase opportunities and what distinguishes small businesses from closely-held enterprises. The article examines the role of SBA classifications, government-backed financing options, and the various channels through which business sales occur, from familiar buyer relationships to broker-facilitated transactions.
United States Commercial
HS
Harris Sliwoski
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Article
When AI Becomes A Liability: Hallucinated Case Law, Sanctions, And The Privilege Waiver Risk (Video)
Artificial intelligence tools are transforming legal practice, but they come with significant risks that attorneys and clients must understand. A recent federal court decision found that using public AI chatbots may waive attorney-client privilege, while courts continue to sanction lawyers for AI-generated errors in filings. Learn what steps legal departments should take to protect privileged communications and maintain ethical standards when using AI technology.
United States Commercial
TS
Taft Stettinius & Hollister
Article
Artificial Intelligence, Privilege, And Work Product: Emerging Risks In The Life Sciences Industry
Recent court decisions reveal conflicting approaches to whether communications with generative AI tools waive attorney-client privilege or work product protection, creating significant uncertainty for companies handling sensitive legal and proprietary information. Life sciences companies face heightened risks as they increasingly rely on AI tools while managing confidential clinical data, regulatory strategies, and intellectual property that may become subject to discovery in future litigation.
United States Commercial
AP
Arnold & Porter
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Article
Three Of The Federal Banking Agencies Issue Guidance On Credit Risks In Lending To Borrowers Without Work Authorization
Federal banking regulators have issued new guidance addressing credit risks when lending to individuals not legally authorized to work in the United States, following a presidential executive order directing agencies to examine financial services extended to undocumented immigrants. The guidance emphasizes existing safety-and-soundness obligations while raising questions about how institutions should balance risk management with fair lending principles and access to mainstream credit.
United States Finance
HL
Hogan Lovells Cadwalader
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Article
D&O Risks In Up‑C Dilution Claims
The Umbrella Partnership-C Corporation structure has evolved from a niche tax-efficient IPO vehicle into a mainstream mechanism for pre-IPO insiders seeking liquidity while preserving partnership tax treatment. However, the same structural features that make Up-Cs economically attractive may create recurring dilution issues when insiders influence tax distributions or liquidity flows between the private operating partnership and public corporation.
United States Commercial
WR
Wiley Rein
Article
Governing the Board’s Own Use of AI: Fiduciary Duties, Risks and Practical Safeguards
As artificial intelligence tools enter corporate boardrooms to assist with analysis, transcription, and recordkeeping, directors face a critical question: how can they harness AI's efficiency gains while managing the fiduciary, legal, and confidentiality risks these technologies introduce? This analysis examines how traditional duties of care and oversight apply to boards' own use of AI, and provides a framework for capturing the benefits while protecting sensitive deliberations.
United States Commercial
GP
Goodwin Procter LLP
Article
Venture Capital Litigation In The Unicorn Era: What VCs Need To Know
Recent research reveals that approximately 25% of active venture capital funds faced litigation between 2014-2025, challenging the industry's self-perception as non-litigious. As startups remain private longer and raise unprecedented capital, VCs find themselves increasingly named as defendants due to their governance involvement and status as solvent parties when portfolio companies fail. What does this emerging litigation landscape mean for how venture investors approach board participation, operational i
United States Commercial
OG
Outside GC
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Article
Same Severance Plan, Different Results: What The Fifth And Tenth Circuits Teach About Employer Discretion In Eligibility Disputes
Two federal appellate courts reached opposite conclusions when reviewing the same change-in-control severance plan's discretionary authority clause, with the Fifth Circuit applying deferential abuse of discretion review while the Tenth Circuit used de novo review. The divergent outcomes highlight critical considerations for employers drafting severance plans and seeking to ensure maximum judicial deference to administrator decisions.
United States Employment
SS
Seyfarth Shaw LLP
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