Business Law and Corporate Law

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.

A Texas Business Court ruling examines whether the phrase "in perpetuity" in an M&A agreement truly means forever, even when the underlying asset ceases to exist.

An anonymous hotline complaint comes in. The allegations are serious. The clock is ticking. What should you do first?

Washington law makes clear that across all Washington business entities, those in control (e.g. directors, officers, managers, partners) owe fiduciary duties.

The Court of Chancery has issued a significant decision on the preservation of electronically stored information, and it should give pause to anyone who relies on disappearing-message applications after litigation...

A recurring tension in venture-backed companies is that the investor who funds the business often wants a seat at the board table, and once its designee takes that seat, he or she owes fiduciary duties to the company...

The SEC's Division of Corporation Finance has issued a new exemptive order allowing qualifying tender or exchange offers for non-convertible debt securities to remain open for just five business days instead of the standard 20-day period. This order supersedes previous relief from 2015 and expands the conditions under which issuers can utilize abbreviated offering periods. The relief aims to address market inefficiencies and reduce exposure to interest rate fluctuations while maintaining investor protection

This weekly digest from Lowenstein Crypto examines critical regulatory and legislative developments shaping the digital asset landscape, including proposed tax reforms for mining and staking rewards, the Bank of England's stablecoin framework, and international enforcement actions. The briefing covers key policy shifts affecting cryptocurrency exchanges, central bank digital currencies, and cross-border data compliance requirements.

A federal court in Arizona has granted a preliminary injunction blocking the state from enforcing gambling laws against prediction market platforms, marking a significant victory for the CFTC and DOJ in their campaign to establish exclusive federal authority over event contracts. The ruling, which rests on three independent preemption grounds, emerges from a case involving criminal charges against prediction market platform Kalshi and represents the latest development in a nationwide legal battle over regul

A Delaware Superior Court decision confirms that appointed shareholder representatives have standing to pursue post-closing merger disputes on behalf of selling stockholders, while clarifying when implied covenant claims will be dismissed as duplicative of express contractual obligations. The ruling addresses two recurring issues in M&A litigation: the authority of shareholder representatives and the proper scope of gap-filling doctrines in contract interpretation.

Arizona’s business community has long been defined by closely held companies: family owned enterprises, real estate ventures, professional practices, and entrepreneur led startups built on trust and shared vision.

Delaware has amended its General Corporation Law with changes effective August 1, 2026, addressing key aspects of corporate governance and dissolution procedures. The amendments clarify voting standards for changes to authorized stock classes and introduce new requirements for dissolving corporations regarding service of process agreements.