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
Schedule 13D and 13G: Elon Musk Saga Ends, and SEC Clarifies Rules
Recent SEC enforcement activity and new interpretive guidance highlight the agency's continued emphasis on beneficial ownership reporting under Schedules 13D and 13G. The settlement of the Elon Musk Twitter acquisition case, resulting in a $1.5 million penalty, demonstrates the SEC's focus on timely disclosure requirements. Updated Corporation Finance Interpretations clarify how derivatives and total return swaps may trigger reporting obligations when used to obscure voting influence.
United States Commercial
CL
Carter Ledyard & Milburn
Article
D&O Risks In Up‑C Dilution Claims
The Umbrella Partnership-C Corporation structure has evolved from a niche tax-efficient IPO vehicle into a mainstream mechanism for pre-IPO insiders seeking liquidity while preserving partnership tax treatment. However, the same structural features that make Up-Cs economically attractive may create recurring dilution issues when insiders influence tax distributions or liquidity flows between the private operating partnership and public corporation.
United States Commercial
WR
Wiley Rein
Article
Second Circuit Upholds The Validity Of Contractual ‘Blockers’ And Holds They Are Not A ‘Scheme To Evade’ Reporting Requirements
The Second Circuit Court of Appeals has issued a landmark ruling affirming that well-drafted contractual 'blocker' provisions effectively shield investors from Section 16(b) liability under the Securities Exchange Act. The decision establishes clear criteria for assessing blocker validity and confirms that facially unambiguous, self-executing blockers will be respected according to their terms, providing crucial certainty for investors and issuers structuring securities transactions.
United States Commercial
AG
Akin Gump Strauss Hauer & Feld LLP
Article
Low Tide At The SEC: From Five Commissioners To Two
As SEC Commissioner Hester M. Peirce prepares to depart in November 2026, the Commission faces the prospect of operating with just two members for the first time in decades. Can a two-member SEC legally function, and what would this unprecedented composition mean for enforcement actions, rulemaking, and the agency's ambitious crypto agenda? The answer lies in an obscure quorum rule adopted during the Clinton era and recently validated by federal courts.
United States Commercial
HK
Holland & Knight
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Article
Same Severance Plan, Different Results: What The Fifth And Tenth Circuits Teach About Employer Discretion In Eligibility Disputes
Two federal appellate courts reached opposite conclusions when reviewing the same change-in-control severance plan's discretionary authority clause, with the Fifth Circuit applying deferential abuse of discretion review while the Tenth Circuit used de novo review. The divergent outcomes highlight critical considerations for employers drafting severance plans and seeking to ensure maximum judicial deference to administrator decisions.
United States Employment
SS
Seyfarth Shaw LLP
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Article
Wiley Consumer Protection Download (July 14, 2026)
This comprehensive consumer protection update examines recent federal and state enforcement actions targeting companies for alleged violations ranging from Fair Credit Reporting Act breaches to deceptive "Made in USA" claims. The newsletter also covers emerging regulatory developments, including the FTC's proposed policy statement on AI accuracy and state-level initiatives addressing artificial intelligence governance and consumer protection.
United States Consumer
WR
Wiley Rein
Article
Schedule 13D and 13G: Elon Musk Saga Ends, and SEC Clarifies Rules
Recent SEC enforcement activity and new interpretive guidance highlight the agency's continued emphasis on beneficial ownership reporting under Schedules 13D and 13G. The settlement of the Elon Musk Twitter acquisition case, resulting in a $1.5 million penalty, demonstrates the SEC's focus on timely disclosure requirements. Updated Corporation Finance Interpretations clarify how derivatives and total return swaps may trigger reporting obligations when used to obscure voting influence.
United States Commercial
CL
Carter Ledyard & Milburn
Article
Revolutionary FAR Overhaul Implements Fixed-Price Contracting Preference Under FAR Part 16
The FAR Council has issued a significant deviation to FAR Part 16, implementing Executive Order 14402's mandate that fixed-price contracts become the default procurement method across federal agencies. This regulatory shift introduces new approval requirements for non-fixed-price contracts exceeding agency-specific dollar thresholds, fundamentally altering how contractors must approach pricing strategies and risk allocation in government contracting.
United States Government
GT
Greenberg Traurig, LLP
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Article
When AI Becomes A Liability: Hallucinated Case Law, Sanctions, And The Privilege Waiver Risk (Video)
Artificial intelligence tools are transforming legal practice, but they come with significant risks that attorneys and clients must understand. A recent federal court decision found that using public AI chatbots may waive attorney-client privilege, while courts continue to sanction lawyers for AI-generated errors in filings. Learn what steps legal departments should take to protect privileged communications and maintain ethical standards when using AI technology.
United States Commercial
TS
Taft Stettinius & Hollister
Article
Artificial Intelligence, Privilege, And Work Product: Emerging Risks In The Life Sciences Industry
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.
United States Commercial
AP
Arnold & Porter
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