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
PE Investment In Law Firms: 6 Considerations As MSO Market Enters Next Phase
Private equity investment in law firms through management services organizations is attracting regulatory scrutiny as legislators establish boundaries around outside capital. Sponsors must navigate professional conduct rules, economic structures, and governance frameworks that differ fundamentally from traditional PE investments while building platforms designed for growth and eventual exit.
United States Commercial
SR
McDermott Will & Schulte
Article
Revenue vs. EBITDA: Choosing The Right Earnout Metric
When structuring an earnout in a middle-market M&A transaction, the choice between gross revenue and EBITDA as the underlying metric can determine whether the deal creates value or triggers post-closing disputes. Each metric measures fundamentally different aspects of financial performance and carries distinct legal and operational risks that both buyers and sellers must carefully navigate.
United States Commercial
BB
Beresford Booth
Article
DOJ Rejects Petition To Allow Labs To Compensate Employed Sales Reps Using Variable Compensation Under EKRA
The Department of Justice (DOJ or the Department) has formally denied a petition from the American Clinical Laboratory Association (ACLA) requesting rulemaking under the Eliminating Kickbacks in Recovery Act of 2018 (EKRA). ACLA asked DOJ to issue rules under EKRA allowing for compensation of employed sales representatives in any manner, including through variable compensation, consistent with the Anti-Kickback Statute (AKS) safe harbor for employees.
United States Commercial
M
Mintz
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Article
Federal Court Dismisses Franchisee Complaint Against UNITS Franchising Group Based On Preemption And Inadequate Pleading
On July 9, 2026, the United States District Court for the Central District of California issued its decision in So Cal Storage, LLC et al. v. UNITS Franchising Group, Inc., 2026 WL 2045621 (C.D. Cal. July 9, 2026), granting a franchisor's motion to dismiss the franchisees’ claims arising from alleged misrepresentations, software failures, vendor restrictions, and misuse of advertising fund contributions.
United States Commercial
LB
Lewis Brisbois Bisgaard & Smith LLP
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Article
Executive Compensation Disclosure Reform: SEC Rulemaking Now On OIRA’s Dashboard
The SEC has submitted a rule proposal titled "Executive Compensation Disclosure Reform" to the White House's Office of Information and Regulatory Affairs, signaling imminent changes to executive compensation disclosure requirements. This development follows SEC Chairman Paul Atkins' earlier indication of broader reform plans, including potential simplification of pay-versus-performance disclosure and revisions to perquisite reporting.
United States Employment
WT
Winston Taylor
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Article
SEC Proposes Rescission Of Rule 14a-8
The Securities and Exchange Commission has proposed rescinding Rule 14a-8, the decades-old regulation that requires companies to include shareholder proposals in proxy statements. This fundamental shift in shareholder engagement, coupled with proposed amendments to Rule 14a-4 regarding discretionary voting authority, could reshape how shareholders communicate with companies and influence corporate governance. The proposed changes raise critical questions about alternative channels for shareholder voice and
United States Commercial
AO
A&O Shearman
Article
The SEC’s Rule 14a-8 And Proxy Proposals: What Boards Should Evaluate Now
The Securities and Exchange Commission has proposed rescinding Rule 14a-8 and revising discretionary voting rules, fundamentally reshaping how shareholders submit proposals for inclusion in company proxy materials. While nothing has changed yet and current rules remain in force, boards must assess how their governance documents, shareholder-engagement practices, and proxy workflows would need to adapt if the proposals become final.
United States Commercial
GU
Gesmer Updegrove LLP
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Article
PE Investment In Law Firms: 6 Considerations As MSO Market Enters Next Phase
Private equity investment in law firms through management services organizations is attracting regulatory scrutiny as legislators establish boundaries around outside capital. Sponsors must navigate professional conduct rules, economic structures, and governance frameworks that differ fundamentally from traditional PE investments while building platforms designed for growth and eventual exit.
United States Commercial
SR
McDermott Will & Schulte
Article
NIL Changed the Money Timeline. Athlete Planning Needs to Catch Up.
Young athletes are earning significant income through NIL deals before turning professional, yet traditional financial advisory models introduce legal and estate planning too late in their careers. How can the sports industry better protect athletes' wealth by establishing coordinated advisory teams, trust structures, and comprehensive planning during the NIL era rather than waiting until after major contracts are signed?
United States Wealth Mgt
FL
Fennemore
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