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  • Article

    Long-Awaited Guidance On ESOP Valuation Standards

    The Retire Through Ownership Act amends ERISA to provide fiduciary protection for those relying on independent valuations of privately held stock in employee stock ownership plans. This legislative change addresses long-standing uncertainty around adequate consideration determinations and establishes a framework based on IRS Revenue Ruling 59-60 methodologies. The new law aims to reduce litigation risk while maintaining fiduciary obligations under ERISA's prudence and loyalty standards.
    United StatesEmployment and HR
    Arnold & Porter
    Arnold & Porter
  • Article

    NLRB Advice Memo Concludes Noncompete Agreements Do Not Violate The National Labor Relations Act

    The National Labor Relations Board's Division of Advice has reversed course on noncompete agreements, departing from the Biden administration's 2023 position that such agreements may violate the National Labor Relations Act. In a June 2026 advice memorandum, the NLRB concluded that noncompete agreements do not generally impact employees' Section 7 rights, recommending dismissal of charges filed by former employees who joined a competitor.
United StatesEmployment and HR
Foley & Lardner LLP
Foley & Lardner LLP
  • Article

    Third Circuit Further Narrows Employer Remedy Under Federal Computer Fraud And Abuse Act

    What can an employer do when its employee accesses data in a way that violates company policy? In the past, one avenue for relief was the Computer Fraud and Abuse Act...
    United StatesEmployment and HR
    Genova Burns
    Genova Burns
  • Video

    What Is AB 5? (Video)

    Jen Rubin reviews California's AB 5 law which provides a new way to categorize independent contractors in the state.
    United StatesEmployment and HR
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Contracts Are Considered When Using Assisted Reproduction Technology

    Two recent decisions highlight the importance of contracts between parties in cases involving assisted reproduction technology (ART).
    United StatesFamily and Matrimonial
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Appellate Court Warning: Pension Funds May Get Stuck With Unintended Oral Contracts With Their Investment Managers

    On May 8, 2015, the Second District Court of Appeal in Los Angeles revived a $35 million lawsuit against CalPERS in Centinela Capital Partners LLC v. California Public Employees' Retirement System.
    United StatesFinance and Banking
    Reed Smith
    Reed Smith
  • Article

    CFPB Withdraws Repeat Offender And Form Contract Registry Proposals

    On October 29, the CFPB rescinded two related rulemakings that would have created public registries for nonbank financial companies.
    United StatesFinance and Banking
    Sheppard
    Sheppard
  • Article

    Lessor Dodges A Bullet After Failure To Comply With New York's Notice Requirement For Automatic Lease Renewals

    Many leases of personal property and contracts for service, maintenance or repairs, contain an automatic renewal provision that provides, in effect, that the lease or contract will automatically renew for a specified term unless the lessee or party receiving the service, maintenance or repairs sends notice prior to the expiration of the lease or contract of their intention not to renew.
    United StatesFinance and Banking
    Moritt, Hock & Hamroff LLP
    Moritt, Hock & Hamroff LLP
  • Article

    Allergan And Editas Medicine Enter Into Strategic R&D Alliance

    Editas Medicine, Inc., a leading genome editing company, and Allergan plc, a leading global pharmaceutical company, announced that Allergan's wholly-owned subsidiary—Allergan Pharmaceuticals International Limited—and Editas Medicine . . .
    United StatesFood, Drugs, Healthcare, Life Sciences
    WilmerHale
    WilmerHale
  • Article

    False Advertising And Unfair Business Practices Exclusion Bars Coverage For Enforcement Action Against Insured Merchant Cash Advance Company

    The United States District Court for the District of New Jersey, applying New Jersey law, held that a D&O policy’s false advertising and unfair business practices exclusion barred coverage for an enforcement action alleging that a merchant cash advance company engaged in illegal lending and marketing practices. Yellowstone Capital LLC v. Argonaut Insurance Co., 2026 WL 2321647 (D.N.J. Aug. 11, 2026).
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Harmonizing Risk Transfer: Avoiding Pitfalls With Additional Insured Provisions

    Insurance requirements in commercial agreements and corresponding additional insured provisions in insurance policies are important tools to manage and transfer risks.
    United StatesInsurance
    Reed Smith
    Reed Smith
  • Article

    Breach Of Contract, IP Rights, And Irreparable Harm: Lessons From The Third Circuit’s Stelara Decision

    The Third Circuit affirmed denial of an injunction to prevent a biosimilar manufacturer from launching a biosimilar version of the blockbuster drug, Stelara (ustekinumab), under a third-party’s private label.
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    The Hidden Risks Of Sharing Company Data With AI Vendors

    As companies increasingly rely on third-party AI platforms to analyze documents and automate workflows, they often provide vendors with proprietary data and trade secrets. What legal risks arise when confidential business information is uploaded to AI systems, and how can organizations protect their intellectual property rights while capturing the benefits of these technologies?
    United StatesIntellectual Property
    Masuda, Funai, Eifert & Mitchell, Ltd.
    Masuda, Funai, Eifert & Mitchell, Ltd.
  • Article

    Akin Space Law, Regulation And Policy Update

    We are excited to announce the latest edition of Akin's Space Law, Regulation and Policy Update, our newsletter focused on global space policy.
    United StatesInternational Law
    Akin
    Akin
  • Article

    Tariffs And Your Contracts: Why Does The Contract Quantity Matter?

    If review of a contract indicates an undesirable allocation of tariff costs, consider whether there is even an obligation to purchase or supply under the agreement.
    United StatesInternational Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    California Limits Arbitration To Agreements Enforceable Under The Federal Arbitration Act

    California Governor signs Assembly Bill 2155, amending the state's arbitration law to align enforceability standards with federal requirements. The legislation creates a direct link between the Federal Arbitration Act and California Arbitration Act, establishing that agreements unenforceable under federal law will also be unenforceable under state law.
    United StatesLitigation, Mediation & Arbitration
    Jackson Lewis P.C.
    Jackson Lewis P.C.
  • Article

    Court Compels Arbitration Of Non-Signatory Party Seeking To Recoup Damages Flowing From Contract Containing Arbitration Clause

    A federal district court has required Scottsdale Insurance Company to arbitrate a claim against Kinsale Insurance Company based on an arbitration clause in a contract between Kinsale...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Cross-Office Team Obtains Defense Verdict In Five-Week Zoom Trial Of Complex Commercial Matter

    Seattle Partner Donna Chamberlin and Associates Richard Meadows and ChuQiao Wang, along with Sacramento Partner John S. Poulos and Associate Maren MacAdam...
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Fourth Circuit Affirms Finding That Arbitration Agreement In Payday Loan Obtained Over The Internet Is Unenforceable

    Plaintiff electronically signed a contract which contained: (1) terms governing the loan; (2) an agreement to submit disputes to arbitration; and (3) a choice of law provision which required the...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Massachusetts Federal Court Holds Alleged Retaliation For Regulatory Reporting May Support Chapter 93A Liability

    In Whitewater, Inc. v. Jones Lang LaSalle Americas, Inc., the District Court of Massachusetts denied defendant Jones Lang LaSalle Americas, Inc. (JLL)’s partial motion to dismiss a Chapter 93A...
    United StatesLitigation, Mediation & Arbitration
    Greenberg Traurig
    Greenberg Traurig
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