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Pillsbury - Propel

California’s VC Diversity Reporting Law

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California began rolling out a first-of-its-kind reporting program that will change how many venture and private investment fund managers collect information about the founders they back. In 2026, fund managers with a...more

Cranfill Sumner LLP

Our Company Just Received a Demand to Exercise “Information Rights.” Now What?

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Disputes among company owners can arise where minority owners feel excluded or suspect mismanagement. Under the North Carolina Limited Liability Company Act and the North Carolina Business Corporation Act (the “Acts”),...more

Goodwin

Considering Reincorporation? Why Delaware Remains the Gold Standard

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Companies weighing whether to leave Delaware should consider the state’s long legal track record of handling commercial disputes....more

Stark & Stark

Eddie Bauer Files for Chapter 11 Bankruptcy in New Jersey

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​​​​​​​Eddie Bauer LLC, the retail operator of approximately 180 Eddie Bauer stores across the U.S. and Canada, filed for voluntary Chapter 11 bankruptcy protection on February 9, 2026, in the United States Bankruptcy Court...more

McCarter & English, LLP

One Month of Indiana’s Consumer Data Privacy Law . . . Where Do You Stand on Compliance?

Enforcement of the Indiana Consumer Data Protection Act (CDPA) has begun, and its penalties can add up quickly. The CDPA was signed in 2023 and became effective January 1, 2026. The law governs how covered businesses collect,...more

Hogan Lovells

Exclusivity, scarcity and transparency: Legal boundaries of limited-edition luxury offers

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Scarcity is not a by-product of luxury—it is one of its defining features. High-end brands deliberately limit production, control distribution channels and restrict points of sale to preserve exclusivity, desirability and...more

Foley & Lardner LLP

Venezuela’s New Hydrocarbon Framework: Key Considerations for Energy, Financial, and Sanction Sensitive Businesses

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We thank our colleagues Arnoldo Troconis and Carlos Omaña at D’Empaire Reyna Abogados—Foley’s Latin American Network member firm in Venezuela since 1998—for their invaluable assistance in analyzing these reforms....more

King & Spalding

New York Appellate Court Reverses Denial of Bank’s Summary Judgment Motion for Amounts Owed Under Cancelled Credit Agreement

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On November 26, 2025, the New York Appellate Division, Second Department reversed a trial court order denying Plaintiff Citibank, N.A.’s motion for summary judgment for breach of contract, breach of a personal guaranty, and...more

Proskauer Rose LLP

Proskauer Releases 15th Annual Private Credit Insights Report

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NEW YORK, LONDON AND PARIS, February 9, 2026 – Proskauer, a leading international law firm, today released its 15th annual Private Credit Insights Report (the “Report”), an analysis of market trends based on the Firm’s work...more

White and Williams LLP

Trustee’s Challenge of Merchant Cash Advance Survives Dismissal

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The significant expansion of “merchant cash advances” (MCA) utilized by small businesses since the Great Financial Crisis of 2008 has led to significant controversies and disputes. A recent decision from the United States...more

Katten Muchin Rosenman LLP

Takeaways From ALIS Law 2026: Where Hotel Deals Actually Get Stuck and How to Keep Them Moving

If there is one recurring friction point in today’s hotel market, it is not access to capital or demand uncertainty. It is execution — particularly where brand expectations, asset condition and ownership economics collide....more

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

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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

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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

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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

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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

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