Worldwide: Corporate/Commercial Law

In this episode of the JAMS podcast, JAMS neutrals Hon. Karen Brown Willcutts (Former), FCIArb, Hugh E. Hackney, Esq., and Zela "Zee" G. Claiborne, Esq. examine the commercial and contractual fallout of disruptions to global energy transportation and how mediation and arbitration can keep energy moving while the larger disputes are resolved.

Agentic AI systems promise transformative capabilities but carry substantial risks when deployed with inadequate evaluation. How can organizations design pilot programs that generate real evidence of value and risk, moving beyond vendor demonstrations to assess whether AI agents can safely and profitably perform their intended roles?

The Federal Trade Commission's settlement with Southern Glazer's Wine and Spirits over Robinson-Patman Act violations establishes new benchmarks for price discrimination enforcement, including specific geographic proximity requirements, temporal windows for comparing transactions, and cost-based allowances that could reshape compliance strategies across consumer retail industries.

Lowenstein attorneys and business services professionals share how pro bono work has enhanced their legal expertise and interpersonal abilities through direct client engagement, court experience, and cross-departmental collaboration. The discussion reveals how serving vulnerable clients at nonprofit organizations develops critical skills in empathy, creative problem-solving, and clear communication that translate across all areas of legal practice.

A federal court rejected a challenge to Executive Order (EO) 14398, “Addressing DEI Discrimination by Federal Contractors.” The court concluded the EO’s prohibition targets only unlawful intentional discrimination and applies to work performed under a specific contract containing the required clause.

Lowenstein lawyers and business services professionals discuss the firm's comprehensive pro bono program, demonstrating how attorneys across all practice areas—from white collar defense to real estate—contribute to matters serving individuals, nonprofits, and communities. The video explores how pro bono work provides meaningful opportunities for client interaction, hands-on responsibility, and professional development while receiving the same attention as billable client matters.

The Department of Justice has dramatically expanded customs enforcement beyond traditional CBP penalties, now pursuing foreign companies and individual executives through False Claims Act litigation and criminal charges. Recent cases reveal four critical patterns that expose companies to civil treble damages, criminal prosecution, and personal liability for executives—even when violations began years before current trade tensions escalated.

The Department of Homeland Security has not issued formal determinations for Temporary Protected Status designations for Ukraine and Sudan despite the October 19, 2026 expiration date, creating uncertainty for employers navigating Form I-9 compliance and employment authorization documentation. USCIS states that affected individuals retain TPS protections and work authorization, but has not updated operational guidance to explain how employers should document continued employment eligibility or handle

The Department of Justice's National Fraud Enforcement Division and HHS Office of Inspector General have announced a coordinated policy that streamlines voluntary self-disclosures of healthcare fraud. Companies can now disclose potential criminal conduct to a single point of contact and receive benefits under both DOJ's Corporate Enforcement Policy and HHS-OIG's Self-Disclosure Protocol, eliminating the need for multiple simultaneous disclosures.

The SEC's Division of Corporation Finance has issued two new no-action letters expanding retail investor voting programs beyond the initial Exxon framework, allowing Goldman Sachs and Tesla to implement standing voting instruction programs. These letters enable retail shareholders to provide advance voting instructions aligned with management recommendations while maintaining certain investor protections...

The SEC's Division of Corporation Finance has issued a groundbreaking no-action letter to Tesla that significantly expands the scope of issuer voluntary retail voting programs beyond previous guidance. This development introduces new flexibilities including centralized multi-issuer hubs, standing instructions, and householding capabilities that could fundamentally reshape how retail shareholders participate in corporate governance.

The SEC has approved Nasdaq's amendment to eliminate alternative price standards for initial listings on the Nasdaq Capital Market, establishing a uniform $4 minimum stock price requirement. This change aligns Nasdaq's listing requirements with other national securities exchanges and affects how companies can qualify for initial listing, though existing companies that listed under the previous alternative standards will remain listed with ongoing monitoring for penny stock compliance.