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Cadwalader, Wickersham & Taft LLP

Structuring for Control, February 2026 - Payment Direction Letters: Their Role and Usage in NAV Financings

In net asset value (“NAV”) financings, a payment direction letter (“PDL”) is a useful tool that may be entered into in order to control the flow of cash from the underlying portfolio investments directly to a lender...more

Marshall Dennehey

Ohio Supreme Court Enforces Broad Arbitration Clause in Insurance Policy, Extending to Bad Faith Claims

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U.S. Acute Care Solutions, L.L.C. v. Doctors Company Risk Retention Group Insurance Company, --- N.E.3d ---, 2025-Ohio-5010 (Ohio 2025) - In this medical malpractice lawsuit filed against an emergency services provider, the...more

Herbert Smith Freehills Kramer

Whistleblower laws: Developments and trends across Australia and the Asia Pacific

2025 was an eventful year for whistleblower laws in Australia and APAC, with significant judicial decisions, and renewed efforts for reform in the corporate and public sector whistleblower space. Overall, these trends...more

Herbert Smith Freehills Kramer

When Insider Risk Becomes Corporate Risk: How Corporations May Be Held Liable For The Fraud Of Others

It has never been more important for organisations to invest in technology to combat against cyber-crime and fraud. However, are organisations expected to do more to protect their customers against corporate fraud? The UK...more

UB Greensfelder LLP

FTC Workshop Highlights Heightened Risks for Employers: Chairman Ferguson Signals Stricter Scrutiny of Non-competes

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During the Federal Trade Commission’s (FTC’s) January 27 workshop, “Moving Forward: Protecting Workers from Anticompetitive Non-compete Agreements,” Chairman Andrew Ferguson delivered a clear and consequential message:...more

Mandelbaum Barrett PC

Protecting Your Family Business: Legal Structures Every Owner Should Understand

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Family-owned businesses often begin with a simple idea, a handshake, and years of hard work. But as your business grows, so do your legal risks. Choosing the proper structure and updating it as you evolve is crucial to...more

Venable LLP

[Webinar] How Subscription Offers Have Become One of the Hottest Areas of Challenge in 2026 - February 26th, 2:00 pm - 3:00 pm ET

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No company wants a lawsuit or civil investigative demand over their autorenewal practices. And settling a case for millions or billions of dollars is even worse. In 2025, negative options and subscription offers became one of...more

Alston & Bird

Delaware Decides Equity is Valid Consideration

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Our Labor & Employment Group discusses a Delaware Supreme Court decision to enforce a restrictive covenant that required forfeiture of equity stock....more

Holland & Knight LLP

Goodbye PRC, Hello TDR: Breaking Down GSA's Latest Shift in Refresh 31

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The U.S. General Services Administration (GSA) Federal Acquisition Service (FAS) in June 2025 announced the expansion of transactional data reporting (TDR) to 62 new product and cloud services Special Item Numbers (SINs) and...more

Goodwin

FTC’s “Click-to-Cancel” Rule Gets New Life As FTC’s Enforcement Wave Continues to Target Negative-Option Sellers

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The Federal Trade Commission (FTC) is increasingly directing both its enforcement and rulemaking efforts toward auto-renewal programs, with a particular focus on burdensome or opaque cancellation procedures. ...more

Ropes & Gray LLP

Massachusetts Health Policy Commission Proposes Regulatory Amendments Strengthening Oversight of Material Change Transactions

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On February 5, 2026, the Massachusetts Health Policy Commission (the “HPC”) released its long-awaited amended regulation to 958 CMR 7.00 (the “Proposed Amended Regulation”) to align the existing regulation with the changes...more

Dickinson Wright

You Use It, You Pay for It: TRP Brands Reinforces Landlord Rights

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When tenant debtors continue to use leased space after filing for bankruptcy, they, by definition, benefit from such use. Landlords often hold off on pressing available remedies because of the debtor’s continued use and...more

Cornerstone Research

Securities Class Action Trend Filings (UPDATED)

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From AI to SPACs, several trends have appeared in core filing activity in recent years. The data below is from Securities Class Action Filings—2025 Year in Review....more

Ropes & Gray LLP

New (2025) HSR Rules Vacated: What’s Next?

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On February 12, 2026, the United States District Court for the Eastern District of Texas vacated the final rule that overhauled and dramatically expanded the premerger notification requirements for transactions subject to the...more

Cooley LLP

SEC to Start Suspending Filings with XBRL Errors in Filing Fee Exhibits

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Last week, the SEC announced that it's moving towards stricter enforcement of Inline XBRL (iXBRL) data quality as the agency will suspend filings made on EDGAR – rather than merely issuing warnings – for fee-bearing forms...more

Hogan Lovells

U.S. Treasury seeks input on CFIUS “Known Investor Program” and broader process streamlining

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The U.S. Department of the Treasury (Treasury) is seeking public comments on potential reforms to the Committee on Foreign Investment in the United States (CFIUS) foreign investment review process, including the Known...more

Amundsen Davis LLC

Drafting Preferred Return and Other Waterfall Provisions in Real Estate Operating Agreements: Best Practices for Lawyers and...

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Preferred return and waterfall provisions are the backbone of economic alignment in the operating agreements that govern real estate joint ventures. Whether structured around Internal Rate of Return (“IRR”) hurdles or equity...more

Morgan Lewis

EBA Issues Supervisory Priorities as PSD2–MiCA Transition Period for EMT Activities Ends

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In accordance with a 12 February European Banking Authority opinion, as of 2 March 2026 electronic money token transactions that qualify as payment services must be fully compliant with PSD2, otherwise they will be subject to...more

Hogan Lovells

ESG Focus: UK/EU/International ESG Regulation Monthly Round-Up – January 2026

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This month's ESG Regulatory Monthly Round-Up sets out updates from the UK, EU and elsewhere across the globe for January 2026. ...more

Orrick, Herrington & Sutcliffe LLP

Small Business Administration announces alternative base rate options for 7(a) loan program

On February 6, the Small Business Administration (SBA) published a procedural notice, followed by a notification in the Federal Register on February 10, announcing alternative base rate options for variable interest rate...more

Lathrop GPM

Minnesota District Court Grants Motion for Judgment on the Pleadings for Minnesota Franchise Act Claims Based on Broad Release in...

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The Minnesota district court granted a motion for judgment on the pleadings by John Golle, the CEO and an owner of the Urbanize Farms franchise system, and dismissed with prejudice all claims brought by former franchisee Big...more

Goodwin

Samsung and Regeneron Settle Aflibercept BPCIA Case

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On February 11, 2026, Samsung Bioepis, Co., Ltd (“Samsung”) and Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed a Joint Stipulation and Proposed Order seeking to dismiss all claims and counterclaims without prejudice and...more

Morgan Lewis

Winter 2026 ESG Investing Quarterly Update

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This update summarizes key recent developments regarding legislative, regulatory, litigation, and enforcement updates related to environmental, social, and governance (ESG), with a particular focus on federal agency...more

Hogan Lovells

FDA Requests Information on BHA to Support Safety Assessment

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On February 10, 2026, the U.S. Food and Drug Administration (FDA) announced the launch of a comprehensive reassessment of butylated hydroxyanisole (BHA), an ingredient typically used in food as an antioxidant to prevent the...more

Lathrop GPM

Connecticut Appellate Court Affirms Commissioned Agents Are Not Retailers Under the Connecticut Petroleum Franchise Act

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The Connecticut Appellate Court held that convenience store operators who dispensed fuel as commissioned agents were not “retailers” under the Connecticut Petroleum Franchise Act (CPFA). Branford Quick Mart, LLC v. Aldin...more

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