Business Law and Corporate Law

Corporate legal departments increasingly use third party platforms and managed billing services to review outside counsel invoices. In many cases, the client selects the system and directs its law firms to submit bills through it. Some of these services now use artificial intelligence, automated review, or a combination of technology and human reviewers to examine individual time entries and recommend billing reductions.

A recent California lawsuit alleges that AI-based employee selection tools discriminated against workers on protected leave and those with disabilities during a reduction in force. The case highlights critical legal risks for employers deploying AI in high-stakes employment decisions, particularly around how AI systems handle productivity metrics for employees who are absent or working under accommodations.

In C.S. v. Brick Recycling Co., the New Jersey Appellate Division vacated a trial court decision requiring the disclosure of documents relating to an attorney-led workplace investigation into sexual harassment. In doing so, the court provided important guidance on the discoverability of documents relating to such investigations.

A U.S. House Committee on Ways & Means hearing on “Foreign Influence in American Nonprofits” last month and recent letters by Republican state Attorneys General accusing specific organizations of violating FARA have resulted in some additional public attention about how FARA relates to the nonprofit/tax-exempt sector.

The U.S. Department of the Treasury and IRS recently issued temporary regulations that provide an immediately effective framework for establishing and administering “Trump Accounts,” including broad automatic enrollment and large-scale contributions funded by governmental and charitable donors. The regulations became effective September 30, 2026, apply to taxable years beginning on or after January 1, 2026, and expire September 30, 2029.

Nonprofits are playing an increasingly visible role in shaping elections, but navigating the overlapping rules of federal tax law and state campaign finance requirements can be daunting. This on-demand webinar walks through the "rules of the road" for nonprofits that want to participate in elections without jeopardizing their tax status or running afoul of disclosure laws, translating legal frameworks into practical governance and compliance strategies drawn from real-world experience.

The U.S. Equal Employment Opportunity Commission (EEOC) recently rescinded its affirmative action guidelines that had been in place for 40 years. According to the EEOC, the guidelines, as contained in a guide and compliance manual, violated Title VII of the Civil Rights Act of 1964.

The EEOC's 2025-2029 National Enforcement Plan signals a major shift in workplace discrimination enforcement, targeting DEI programs, religious accommodations, and sex-based workplace policies. Recent litigation against Coca-Cola and proposed regulatory changes to affirmative action guidance reveal how federal agencies are reshaping employment law compliance requirements.

The Starbucks settlement shows that state attorneys general are also scrutinizing employment and corporate governance practices involving race- or sex-based goals, preferences, and participation requirements.

Two recent Delaware Court of Chancery decisions illustrate why the answer belongs in the acquisition agreement. In re Saama Technologies Litigation, decided September 28, 2026, and ACON Igloo Holdings, LLC v. Dometic Corporation, decided September 30, 2026, address disputes over efforts to achieve an earnout and the buyer’s response. For deal participants, the practical lesson is to negotiate the operating rules and calculation process with the same care as the headline payout.

Selecting the right executor or trustee is crucial to effective estate planning, but should you appoint one person or multiple co-fiduciaries? While naming co-executors or co-trustees may seem like a way to share the workload and provide checks and balances, this approach often introduces unexpected conflicts and administrative complications that can outweigh its benefits.

Mayer Brown's Across The Board publication provides insights and analysis on key legal and business developments affecting corporate boards, directors, and officers. The publication covers governance trends, regulatory updates, and strategic considerations for board-level decision-making.