Directors and officers of companies in financial distress face complex responsibilities and challenges. Indeed, managing a company on the brink of insolvency is often uncharted territory for its leadership. When confronted with such challenges, adherence to fiduciary duties is crucial to ensure responsible governance and minimize the risk of litigation or personal liability.

While the Committee continues to assess the feasibility and framework of a new federal rule governing TPLF, some courts have begun addressing the issue in their decisions and requiring disclosure of these types of arrangements.

This monthly newsletter examines critical developments in product liability and mass torts, analyzing how bankruptcy proceedings affect liability claims, jurisdictional challenges in California courts...

A non-responsive lead plaintiff should raise immediate red flags for defense attorneys and prompt a strategic reassessment. This may indicate serious issues with class representation under Rule 23...

Recent legislative activity in the United States and European Union has targeted third-party litigation funding ("TPLF"). In the United States, the One Big Beautiful Bill Act initially included a proposal to increase taxes...

On May 1, 2026, Connecticut’s House of Representatives gave final approval to Senate Bill 5, now rebranded as the Connecticut Artificial Intelligence Responsibility and Transparency Act (the “Bill”)...

On February 19, 2026, the UK Court of Appeal allowed the UK Information Commissioner's Office's ("ICO") appeal against an Upper Tribunal decision in the long-running...

Appearing May 5th on a podcast, FTC Chairman Andrew Ferguson said the FTC is "looking at" whether "businesses are agreeing not to invest in fossil fuels" to advance Environmental, Social, and Governance (ESG) goals.

As EU Member States, including Germany, begin implementing the EU PLD, companies operating in these markets should consider compliance strategies that reflect the broader scope of liability for defective products, including software and technology, sold in the EU.

European insurance regulators are proposing significant reductions in risk weights for securitisation investments, potentially opening new markets for US-style rated note transactions.

The 10th Annual European Fund Finance Symposium brought together lenders and advisors to explore the evolving mid-market fund financing landscape, where creative problem-solving and flexible structures are reshaping how managers access capital. From GP facilities gaining traction amid slower exits to the practical challenges of restrictive fund documentation, the discussion revealed how significantly the market has transformed in just two years.

The UK’s Information Commissioner’s Office (“ICO”) has called on businesses to review their use of automated decision-making (“ADM”) in recruitment.

As noted in our previous OnPoint, on February 12, 2026, a U.S. District Court granted summary judgment for the U.S. Chamber of Commerce vacating the Federal Trade Commission's sweeping changes to the Hart-Scott-Rodino notification and report form that took effect in early 2025.

Explore Dechert's comprehensive collection of legal insights, industry analysis, and thought leadership across multiple practice areas and jurisdictions. Access podcasts, articles, and updates covering financial services, corporate law, litigation, and emerging legal trends that impact businesses globally.

While the Agency's broader PFAS agenda and stringent state regulations will continue to drive compliance and enforcement, EPA's proposed exemptions to the one-time TSCA reporting rule are a welcome development for impacted stakeholders.

The role of sustainability in the operations and investment management activities of asset managers has long been a subject of discussion and, in some jurisdictions, controversy.

The alternative investment industry continues to play an increasingly critical role in the global economy by supporting global capital markets, promoting innovation, improving how companies are governed and run, assisting investors in managing risk and offering investors the potential for reliable performance returns over time.

Parties that suspect funder-driven control in litigation should seek targeted, early discovery into funding and assignment mechanics; in the absence of misconduct, courts may let assignee-plaintiffs proceed.

Recent court decisions demonstrate how the reasonable consumer standard can defeat omission-based mislabeling claims at early litigation stages, while new developments in AI liability and regulatory enforcement reshape the landscape for product manufacturers and technology companies. From chatbot liability to PFAS regulations and Supreme Court preemption rulings, these cases offer critical insights for managing emerging risks in consumer protection, environmental compliance, and mass tort litigation.

On July 13, 2026, the Department of War (“Department” or “DOW”) announced the immediate suspension of its Cybersecurity Maturity Model Certification (“CMMC”) Phase II requirements, which would have required most contractors handling Controlled Unclassified Information (“CUI”) to complete a third-party cybersecurity assessment by November 10, 2026.