Business Law and Corporate Law

On August 26, 2026, the Departments of Labor, Health and Human Services and the Treasury published FAQs addressing certain critical components of the Health Insurance Portability and Accountability Act (HIPAA) wellness program rules. The FAQs were welcomed by employers, as the HIPAA wellness program rules have been the subject of more than 80 class action lawsuits claiming that wellness programs imposing premium surcharges for tobacco use violate the Employee Retirement Income Security Act of 1974 (ERISA).

The Pennsylvania and New Jersey Attorneys General have independently filed lawsuits challenging asphalt-industry mergers, marking a significant shift in state-level antitrust enforcement. Both cases were swiftly resolved through negotiated divestitures, demonstrating that state attorneys general are increasingly willing to act as frontline merger enforcers without federal agency involvement.

The Federal Reserve Board has published a comprehensive proposed rulemaking that would modernize Regulation O, which governs extensions of credit by banks to their insiders—executive officers, directors, and principal shareholders. The Proposal addresses decades of regulatory gaps by updating dollar thresholds for inflation, providing relief for passive fund complexes...

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.

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.

Estate planners can better serve clients by looking beyond traditional charitable giving to flexible philanthropic strategies that reflect clients' goals, values and desire for lasting impact across generations. The article explores how modern philanthropy extends beyond tax-deductible donations to include impact investments, giving circles, and mission-aligned business structures. Discover five practical ways estate planners can initiate more meaningful philanthropic conversations and draft documents that

The increased federal estate tax exemption under the One Big Beautiful Bill Act may have reduced the number of estates subject to federal estate tax, but for married New York residents, credit shelter trusts remain an important planning consideration.

When it comes to estate planning, even the rich and famous are not immune to costly mistakes. This examination of celebrity estate planning mishaps reveals how iconic figures have fallen victim to oversights leading to legal battles, unintended heirs, and millions in tax losses, offering valuable lessons for legal professionals and individuals alike.

Joshua S. Rubenstein of Katten's Private Wealth Department co-authored a chapter in the newly released third edition of the American Bar Association's comprehensive guide to international estate planning. The publication addresses the growing complexity of cross-border wealth management as families and assets increasingly span multiple jurisdictions. Written by leading international practitioners and tax professionals, the guide provides essential insights for lawyers, fiduciaries, family office professiona

Two recent decisions from the Supreme Court of New York Appellate Division, First Department, examine the boundaries of Section 11 liability at the motion to dismiss phase, offering critical insights for defendants facing securities claims. Section 11 claims impose near-strict liability standards by eliminating the need to prove scienter or reliance, making these rulings particularly significant for litigation strategy.

The SEC's Division of Examinations has identified six critical compliance issues that investment advisers commonly encounter during annual reviews. Understanding these deficiencies—from incomplete procedures to inadequate documentation—can help firms strengthen their compliance programs and avoid regulatory violations.

Nasdaq has proposed eliminating its Alternative Price Requirement, which currently allows companies to list on the Nasdaq Capital Market at prices between $2 and $4 under certain conditions. The rule change would establish a uniform $4 minimum price requirement for all initial listings, aligning Nasdaq with other national securities exchanges after NYSE American removed its own sub-$4 listing option in March 2026.