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
340B Meets The FCA In The Ninth Circuit: What The Pharmaceutical Industry And Investors Need To Know OnPoint Thu Sep 03 2026 The Ninth Circuit's Adventist Decision Lets 340B Covered Entities Bring FCA Qui Tam Suits Over Drug Pricing, Raising New Risks For Manufacturers And Investors.
The Ninth Circuit's landmark decision in Adventist Health System v. AbbVie Inc. has opened a new front in healthcare fraud enforcement by allowing 340B covered entities to bring False Claims Act qui tam suits against drug manufacturers over alleged pricing violations. This ruling, combined with the court's earlier EKRA decision in Schena, signals an expanding landscape of federal healthcare fraud theories that narrows traditional defenses and creates significant litigation exposure for pharmaceutical compan
United States Commercial
D
Dechert
Article
David Harper And Brian Sims Outline Key M&A Considerations For Industrial Dealmakers In 2026
Bass, Berry & Sims attorneys David Harper and Brian Sims examine the critical factors shaping industrial and manufacturing M&A activity in 2026, focusing on how market participants can successfully navigate evolving technology risks, tariff uncertainty, and changing financing dynamics. The analysis identifies three priority areas for dealmakers: artificial intelligence and automation diligence, tariff and customs exposure assessment, and financing flexibility considerations.
United States Commercial
BB
Bass, Berry & Sims
Article
DHS Expands E-Verify Status Change Report And Substantive I-9 Violations
As the United States Department of Homeland Security (DHS) continues its strict enforcement of federal immigration law, DHS is sharpening the tools that it has available to encourage employer compliance. DHS recently has expanded the E-Verify Status Change Report to provide employers with additional information on the revocation of various types of temporary employment authorizations.
United States Commercial
FL
Foley & Lardner
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ESG
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Private M&A
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Private Equity
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Franchising

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Corporate Governance

Article
SEC Staff Issues New CFIs Concerning Schedule 13G Eligibility
On Sept. 2, the Staff of the SEC’s Division of Corporation Finance issued three new Corporate Finance Interpretations (CFIs) addressing the extent to which specified communications undertaken by a shareholder might affect the shareholder’s eligibility to continue reporting on Schedule 13G in lieu of Schedule 13D. The background and content of the new CFIs are summarized below.
United States Commercial
BT
Barnes & Thornburg LLP
Article
Divided FTC Statements In IonQ/SkyWater Reward Close Study By Parties To Vertical And Defense-Sector Transactions
The Federal Trade Commission closed its investigation of IonQ's acquisition of SkyWater Technology after the Commission's two sitting members divided over whether the transaction warranted a negotiated behavioral consent order. These detailed statements reveal how each Commissioner analyzes vertical transactions and their claimed benefits, offering critical insights for parties planning vertical transactions in defense and national-security sectors.
United States Anti-trust
HL
Hogan Lovells Cadwalader
Article
Strategic Investor Rights, Shared Risks: Governance Requirements When Interests Diverge
A Delaware Court of Chancery opinion examines the boundaries of strategic investor rights in a case involving alleged misuse of contractual governance and veto powers. The decision explores when an investor's board designee crosses the line from legitimate oversight into disloyal conduct, and whether contractual rights shield investors from liability when they allegedly deploy those rights to harm a company for competitive advantage.
United States Commercial
HL
Hogan Lovells Cadwalader
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Trusts

Article
The Great Wealth Transfer: What An $84 Trillion Shift Between Generations Means For Your Estate Plan
As the Silent Generation and Baby Boomers prepare to transfer an estimated $84-90 trillion in wealth over the next two decades, families face critical decisions about estate planning, tax strategies, and asset protection. This comprehensive analysis explores how changing tax laws, evolving family structures, and complex asset portfolios require thoughtful planning to preserve wealth across generations while avoiding unnecessary taxes, legal disputes, and family conflicts.
United States Wealth Mgt
CK
Conn Kavanaugh Rosenthal Peisch & Ford
Article
Special Needs Trusts In New Jersey: Planning For Your Loved One’s Future
For parents of a child with a disability, estate planning involves more than asset distribution—it requires ensuring long-term care and financial security. A special needs trust can provide resources without jeopardizing eligibility for SSI and Medicaid, but proper structuring, trustee selection, and coordination with the broader estate plan are essential to protect your loved one's future.
United States Wealth Mgt
SH
Scarinci Hollenbeck LLC
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Diversity, Equity & Inclusion

Article
IRS Takes Aim: Proposed Rule Threatens Tax-Exempt Status Of Private Schools
The IRS has proposed a sweeping rule that would strip tax-exempt status from private schools maintaining race-conscious policies, including diversity, equity, and inclusion initiatives. The proposed regulation, set to impact over 18,000 educational institutions and 750,000 students, extends beyond traditional discrimination to encompass policies intended to serve remedial or diversity-related objectives. Schools face critical compliance decisions regarding scholarships, admissions criteria, and athletic pro
United States Tax
CM
Crowell & Moring LLP
Article
DOJ Announces Second DEI-Related False Claims Act Settlement – Deloitte Agrees To Pay $21.5 Million To The United States, Plus $2.4 Million To Indiana And Florida
On August 25, 2026, the U.S. Department of Justice (DOJ or the Department) announced a $21.5 million settlement with Deloitte LLP and four affiliated entities (collectively, Deloitte), marking the second False Claims Act (FCA) settlement under the Department’s Civil Rights Fraud Initiative launched in May 2025.
United States Government
AG
Akin Gump Strauss Hauer & Feld LLP
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Venture Capital

Article
DOE And SBA Launch The SBIC-E Initiative To Expand Private Capital For Energy And Critical Technology Small Businesses
The U.S. Department of Energy and Small Business Administration have launched a groundbreaking partnership to direct private investment toward small businesses developing energy and critical technologies. This new initiative combines federal expertise with private capital to accelerate commercialization of innovations in artificial intelligence, quantum computing, advanced manufacturing, and energy security. Fund managers and entrepreneurs in these strategic sectors now have access to expanded financing opp
United States Government
FH
Foley Hoag LLP
Podcast
Raising A Priced Round — Understanding The Terms Beyond The Price (Podcast)
Partners Laura Cicirelli and Eric Weiner explore the critical elements founders need to understand when entering their first priced preferred stock financing round. From liquidation preferences and governance rights to founder re-vesting and drag-along provisions, this discussion reveals how these initial equity decisions establish the power dynamics that will shape all future funding rounds.
United States Commercial
LS
Lowenstein Sandler
Article
California’s $366 Billion Venture Capital Boom: Founders And Investors Should Be Watching
California is going through a record-breaking venture capital surge, fueled mostly by the rapid expansion of artificial intelligence. Companies based in the state have attracted approximately $366 billion in venture capital since the beginning of 2026, nearly twice California’s previous annual record and more than three times the amount raised by companies in the other 49 states combined, according to PitchBook data reported by The Wall Street Journal.
United States Commercial
FL
Foley & Lardner
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