Business Law and Corporate Law

Mayer Brown's Across The Board publication provides insights and analysis on key legal and business developments affecting corporate boards, directors, and officers. The publication covers governance trends, regulatory updates, and strategic considerations for board-level decision-making.

As companies face potential shifts in congressional power and evolving regulatory landscapes, boards must navigate new SEC enforcement priorities, state-level AI regulations, and shareholder activism trends. This comprehensive guide examines how organizations can proactively prepare for investigations, comply with divergent state laws, and strengthen crisis management protocols in an increasingly complex governance environment.

Shareholder and LLC member lawsuits present complex legal challenges for business owners, involving critical distinctions between derivative and individual claims. Understanding procedural requirements, defense strategies, and the significant differences between Delaware and California law can help executives protect their companies from costly litigation and minimize exposure to member claims.

If you’ve raised a pre-seed or seed round in the past few years, you likely did it through a SAFE (Simple Agreement for Future Equity). And if the early investor pushed back on your valuation cap, or you didn’t want to set one yet, you may also have agreed to a “Most Favored Nation” clause, usually called an MFN.

The U.S. Small Business Administration has set new annual fee rates for Small Business Investment Companies' debentures for fiscal year 2027, with standard debentures at 0.3000% and accrual debentures at 0.8710%. These fees apply to any SBIC receiving debenture commitments between October 1, 2026 and September 30, 2027, regardless of when the debentures are actually drawn.

Forget what you thought you knew about startup funding. According to Crunchbase, billion-dollar rounds have moved from anomaly to expectation. In the first half of 2026, 60% of global startup funding flowed to rounds of $1 billion or more — and in the U.S., that figure jumped to a staggering 73%.

When a bank trust department holds shares with sole voting discretion in fiduciary accounts, does this create a control relationship under Regulation W? This analysis explores a critical distinction between Regulation W's fiduciary exemption and the Bank Holding Company Act's control provisions, revealing how trust departments can avoid affiliate relationship complications even when exercising voting power over significant equity positions.

One way to prepare for those circumstances is to hold real estate in a personal trust. For homeowners who already have a trust or are considering one, how the property is titled can have a significant impact on who has the authority to deal with it later.

As the Silent and Baby Boomer generations transfer an estimated $84.4 trillion in wealth through 2045, estate planning attorneys anticipate a surge in probate disputes driven by complex family structures, cognitive decline, and DIY estate documents. This analysis examines the key factors fueling the Great Wealth Transfer litigation wave and explores proactive strategies families can employ to minimize future conflicts.

Federal healthcare fraud enforcement leaders reveal a strategic shift at CMS and HHS-OIG, where administrative sanctions—including enrollment moratoria, revocations, and exclusions—now serve as the first line of defense against fraud, often preceding False Claims Act litigation. The panel discussion at AHLA's Fraud and Compliance Forum outlined how agencies are leveraging data analytics, financial crimes intelligence, and cross-program coordination to identify and shut down fraudulent providers

On September 30, the CFPB published a notice seeking comment on a proposed revision to its existing collection of credit card information under the Truth in Lending Act (TILA) and the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act).

The SEC has proposed eliminating Rule 14a-8, which has required companies to include qualifying shareholder proposals in proxy materials since 1942, potentially reshaping decades of shareholder engagement practice. Companion amendments would expand companies' discretionary voting authority while introducing new opt-out mechanisms for individual shareholders.