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Orrick, Herrington & Sutcliffe LLP

District court sides with bank, dismisses putative class action over ‘cash-sweep’ program

On January 30, the U.S. District Court for the District of Minnesota dismissed with prejudice a proposed class action lawsuit brought by two investment-account holders challenging the interest rates paid through a...more

Farrell Fritz, P.C.

In Delaware, You Live or Die Under Your LLC Operating Agreement

Farrell Fritz, P.C. on

Put on your Member B hat in the following not-so-hypothetical fact pattern: Member A and Member B form a Delaware LLC to invest in a third-party biotech company....more

Littler

California High Court Limits Use of Formatting and “Fine Print” Arguments to Defeat Arbitration

Littler on

The California Supreme Court (the “Court”) has confirmed that an arbitration agreement’s formatting—standing alone—does not render its terms substantively unconscionable, even where the text is difficult to read.1 The Court...more

Foster Swift Collins & Smith

Tax Folks Update: Key Compliance Obligations for Brokers and Taxpayers Under Form 1099-DA

Brokers and their investor customers in digital assets should prepare, and tax professionals should prepare to assist, with reporting proceeds from certain digital asset transactions. See IRS FS-2025-06, Sept. 25, 2025....more

Morgan Lewis - Health Law Scan

Medicare Advantage Agent and Broker Agreements: 2025 in Review

2025 was an important year for Medicare Advantage (MA) plans that pay state-licensed agents and brokers to market their plans and engage in lead generation, subject to complex federal regulations. As we previously discussed...more

Orrick, Herrington & Sutcliffe LLP

SEC and CFTC relaunch ‘Project Crypto’ to harmonize digital asset regulation

On January 29, the SEC and CFTC jointly announced the relaunch of “Project Crypto”, with both agency chairs delivering remarks outlining a new phase in digital asset regulation as Congress advances digital asset market...more

Orrick, Herrington & Sutcliffe LLP

SEC official envisions AI modernizing adviser-investor communications

On February 3, SEC Director of the Division of Investment Management Brian Daly addressed how the division is considering the changes and opportunities AI affords investment advisers, investment companies, and investors. Daly...more

Vorys, Sater, Seymour and Pease LLP

The Rise of Trade Secret Litigation: Are You Prepared to Stop Your Trade Secrets from Walking Out the Door? (Part One)

Recent reports show that trade secret litigation hit a historic high in 2025 with more than 1,550 cases filed in federal courts across the United States. Experts may attempt to sift through this data and explain the what and...more

Ropes & Gray LLP

Sustainability Disclosures in 2026 Form 10‑Ks and Proxy Statements: What to Expect, What to Do

Ropes & Gray LLP on

Most US public companies are busily preparing their fiscal 2025 Form 10‑K and 2026 annual meeting proxy statement. In this post, we discuss our sustainability disclosure expectations for this year, informed by market trends,...more

Patomak Global Partners

A New Chapter for Shareholder Proposals: Best Practices for Navigating the 2026 Proxy Season

In November 2025, the U.S. Securities & Exchange Commission’s (SEC) Division of Corporation Finance announced that, for the 2025–2026 proxy season, it will no longer issue substantive “no-action” letters for Rule 14a-8...more

Thompson Coburn LLP

Fuentes v. Empire Nissan: Heightened Scrutiny for Arbitration Agreement Unconscionability

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In Fuentes v. Empire Nissan, Inc., the California Supreme Court recently issued an opinion calling on courts to “closely scrutinize” arbitration agreements for substantive unconscionability where there is extreme procedural...more

Skadden, Arps, Slate, Meagher & Flom LLP

Delaware Supreme Court Holds That Automatic Forfeiture Provision Does Not Invalidate Contract With Restrictive Covenants

On February 3, 2026, an en banc Delaware Supreme Court issued an order reversing the Court of Chancery’s holding that the exercise of an automatic forfeiture provision in an equity agreement rendered that agreement —...more

Conyers

Key Insurance Regulatory Updates

Conyers on

We are only a few weeks into the start of 2026 and already there are new and important updates relevant to certain stakeholders operating in Bermuda’s insurance and reinsurance industry....more

Environmental General Counsel PC

NAW EPR Case Pauses Enforcement for NAW Members

On February 6, 2026, the U.S. District Court for the District of Oregon issued a critical ruling in National Association of Wholesaler-Distributors (NAW) v. Feldon, a case challenging Oregon’s landmark Plastic Pollution and...more

Skadden, Arps, Slate, Meagher & Flom LLP

SDNY’s Revised Voluntary Self-Disclosure Program Offers New Carrots

The U.S. Attorney’s Office in the SDNY will soon roll out a new corporate self-disclosure policy providing companies with the clearest and quickest path to declination of prosecution....more

Seyfarth Shaw LLP

California High Court Says Contract Illegibility Warrants Increased Substantive Scrutiny

Seyfarth Shaw LLP on

The California Supreme Court held that illegibility and tiny font are matters of procedural, not substantive, unconscionability. However, courts must closely scrutinize the terms of hard-to-read agreements for unfairness, and...more

Patomak Global Partners

CFTC Chair Outlines Priorities for Prediction Markets and Digital Asset Market Structure

On January 29, Commodity Futures Trading Commission Chair Michael Selig made his first public remarks at the CFTC-SEC harmonization event. Among other things, Chairman Selig laid out the agency’s priorities, which included...more

Offit Kurman

Trademarks 101 for In-House Counsel: What Actually Deserves Your Attention Each Year

Offit Kurman on

Most general counsel did not build their careers expecting to spend meaningful time on trademarks. They are rarely the reason a deal closes, a lawsuit settles or a quarter hits its numbers....more

Carlton Fields

Sixth Circuit Rules Against Nonprofit Organization in Insurance Dispute Over Replacement Cost of Outdated Building

Carlton Fields on

The Sixth Circuit Court of Appeals recently affirmed summary judgment in favor of an insurance carrier regarding a coverage dispute over the replacement cost of a building....more

McDermott Will & Schulte

New York governor proposes changes to healthcare transaction rules

On January 20, 2026, New York Governor Kathy Hochul introduced legislation that would significantly modify New York’s material transaction notice requirements for certain healthcare transactions....more

Sheppard Mullin Richter & Hampton LLP

The Coalition for Common Sense in Government Procurement Winter Training Conference Recap

On January 14, the Coalition for Common Sense in Government Procurement (the “Coalition”) held its Winter Training Conference (formerly known as the Fall Training Conference during non-shutdown times). The General Services...more

Akin Gump Strauss Hauer & Feld LLP

OFAC Issues General License 47 to Authorize the Sale of US-Origin Diluents to Venezuela, Complementing Recent Authorization...

Subject to certain conditions and exceptions, General License (GL) 47 authorizes—without any time limitation—all transactions that are ordinarily incident and necessary to the exportation, reexportation, sale, resale, supply,...more

Orrick, Herrington & Sutcliffe LLP

SEC dismisses digital asset registration case citing policy changes

On February 2, the SEC dismissed administrative proceedings against a Wyoming-based digital assets company concerning the registration statements for two digital assets. The case stemmed from filings made in September 2021,...more

Montgomery McCracken

Vacated But Not Forgotten: The Pennsylvania Supreme Court Leaves the Future of Online Arbitration Agreements in Pennsylvania...

Montgomery McCracken on

For those waiting to see whether the Pennsylvania Supreme Court would clarify the law on consumer assent to online arbitration agreements in Chilutti v. Uber Technologies, Inc., its January 21 opinion was anticlimactic....more

Orrick, Herrington & Sutcliffe LLP

Senate agriculture committee advances digital assets market structure legislation

On January 29, the Senate Committee on Agriculture, Nutrition, and Forestry advanced its version of legislation regulating digital assets titled the “Digital Commodity Intermediaries Act.” ...more

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