United States: Contracts and Commercial Law

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Article
Contracts As The First Line Of Defense: Key Strategies For Design Professional Risk Management
For design professionals, the contract is far more than a formality; it is the foundation on which a successful defense is built. When claims arise, whether involving alleged design defects, construction delays, or personal injury on the jobsite, the first question defense counsel asks is simple: What does the contract say?
United States Commercial
WE
Wilson Elser Moskowitz Edelman & Dicker LLP
Article
USPTO Proposes Mandatory RPI Disclosure For Third-Party Ex Parte Reexamination Requests
The USPTO has proposed ending anonymity for third-party ex parte reexamination requests, requiring disclosure of all real parties in interest to enforce AIA estoppel provisions more effectively. While requesters could still seek confidential treatment from patent owners and the public, the agency would gain access to identity information to prevent estopped parties from circumventing preclusion rules through anonymous filings.
United States IP
BT
Barnes & Thornburg LLP
Article
Zooming In On The 21st Century ROAD To Housing Act: Impact On Single-Family Rental REITs
The 21st Century ROAD to Housing Act introduces sweeping restrictions on large institutional investors purchasing single-family homes, fundamentally altering the landscape for Single-Family Rental REITs. While the controversial seven-year forced divestiture has been removed, the legislation creates new compliance obligations and carves out specific exceptions for build-to-rent developments, senior housing, and homeownership programs. How will these provisions reshape acquisition strategies and growth opport
United States Real Estate
MB
Mayer Brown
Article
Washington State Human Rights Commission v. Summerwalk Homeowners’ Association
A Washington appellate court has ruled that the state's Law Against Discrimination applies to homeowners' association covenant enforcement after a home sale closes, not just during the transaction itself. This decision creates new liability exposure for HOAs and community managers who enforce CC&Rs, as selective enforcement claims can now be investigated by the Human Rights Commission regardless of when the discriminatory conduct allegedly occurred.
United States Real Estate
FL
Fennemore
Article
Revised ICC Rules Came Into Effect On June 1, 2026
The International Chamber of Commerce has released its 2026 Arbitration Rules, introducing significant procedural reforms that reshape how ICC arbitrations are conducted. These changes eliminate mandatory Terms of Reference, introduce new efficiency mechanisms including early determination procedures and highly expedited arbitration options, and strengthen disclosure obligations for arbitrators and tribunal secretaries..
United States Litigation
W
WilmerHale
Article
Vermont Imposes Licensing And Disclosure Requirements For Sales-Based Financing And Factoring Transactions
Vermont has enacted legislation requiring financial services providers and brokers to obtain licenses and provide standardized disclosures for sales-based financing and factoring transactions. The new law, which takes effect July 1, 2027, imposes operational requirements including restrictions on automatic debiting, prohibitions on confessions of judgment, and mandates that agreements be governed by Vermont law.
United States Finance
GT
Greenberg Traurig, LLP
Article
Go With The Flow: Flowdowns In Federal Contracting (Video)
Understanding the complexities of flowing down Federal Acquisition Regulation (FAR) clauses to lower tier subcontractors is critical for government contractors at all levels. This breakdown explores the key risks that prime and higher tier contractors face when passing along FAR obligations, while also examining the negotiation strategies available to lower tier subcontractors receiving these requirements.
United States Government
SS
Seyfarth Shaw LLP
Article
Define The Relationship: Lifecycle Of A PE Investment
Private equity sponsors can create and protect value throughout an investment's lifecycle by making strategic decisions during acquisition, optimizing operations during the hold period, and preparing for exit from day one. From structuring deals and managing litigation risk to leveraging real estate portfolios and crafting restrictive covenants, each phase presents distinct opportunities to sharpen outcomes and maximize returns.
United States Commercial
TL
Torys LLP
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