FCA Implications for M&A Transactions
Nonprofit Basics: Grant Agreements—Matching Grants, IP, Recoverable Grants & More
Five Tips for a New Public Company Director
How to Secure Advances to Fund Legal Fees
Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal
Practical Training for Project Managers & Supervisors Two-Part Webinar Series: Part Two
Mergers and Acquisitions - Key Issues in Today's M&A Deals
Indemnification Provisions: What They Mean and What You Should Worry About
FCPA Compliance and Ethics Report-Episode 168-Dan Cogdell on criminal procedure issues in defending an individual prosecuted criminally under the FCPA
CorpCast Episode 2: Advancement 101
Purchase Agreements – Interview with Stephen Gulotta, Managing Member, Mintz Levin's New York Office
Robotics and artificial intelligence are converging at an unprecedented pace. As robotics systems increasingly integrate AI-driven decision-making, businesses are unlocking new efficiencies and capabilities across industries...more
In the offshore oil and gas sector, procurement contracts have long served as sophisticated risk management tools designed to promote commercial certainty by clearly defining parties’ obligations and allocating risks in a...more
Legal departments and contract teams are now often under pressure to move faster, provide value, and streamline processes all while contracts increase in length and complexity to address changes in technology (e.g.,...more
In a recent post-trial opinion, the Delaware Superior Court, applying a representations and warranties materiality scrape under an M&A purchase agreement indemnification provision, held that the seller breached its absence of...more
For many closely held businesses, a sale is a once-in-a-generation event. It often represents decades of work and a significant portion of the owner’s personal wealth. On the other side of the table are buyers who acquire...more
The insured, a plumbing company, faced millions of dollars in potential liability for claims arising from a fire at an apartment building where the insured performed work. The insured sought coverage for those claims under a...more
Buyers in M&A transactions often assume that they will be able to recover reasonable attorneys’ fees in connection with a successful indemnification claim if the purchase agreement generally includes attorneys’ fees in the...more
“Aegrescit Medendo,” Virgil: Aeneid Book XII. That is: Sometimes healing makes the situation worse. On December 19, 2025, New York Governor Kathy Hochul signed the AVOID Act (“Avoiding Vexatious Overuse of Impleading to...more
The First Circuit recently affirmed a District of Massachusetts decision granting summary judgment in litigation arising from a 2018 data breach involving protected health information (PHI). In Axis Insurance Co. v. Barracuda...more
Amendment to CPLR § 1007 - New York litigators should take immediate note of a statutory change that significantly restricts the filing of third-party actions. Governor Kathy Hochul has signed into law Bill S8071A/A8728,...more
In GreenMarbles, LLC v. Clint Cushing, the Delaware Court of Chancery held that a contractual indemnification provision requiring a party “to indemnify and hold harmless” another party, absent an express mandate for...more
On December 3, 2025, Chief Justice Collins Seitz, on behalf of the Delaware Supreme Court sitting en banc, upheld the Court of Chancery’s award of nominal damages in an action against a conflicted controller for breach of his...more
The United States District Court for the District of Montana, applying Montana law, held on summary judgment that claims-made Petroleum Industry Insurance Coverage did not apply to pollution claims where contamination began...more
An Overview of The Duty to Defend- Many insurance policies issued as primary layer coverage establish two separate principal duties on the part of the insurer: the duty to defend and the duty to indemnify. 1. The duty to...more
The U.S. Environmental Protection Agency has proposed dramatic changes to environmental regulations in recent months, including its announcement, in March, of what it called the “biggest deregulatory action in U.S. history.” ...more
You closed the deal. Whether you’re a new entrepreneur acquiring your first business or you’re expanding the services and capacity of your long-standing enterprise, closing marks the culmination of a lot of effort. But the...more
In mergers and acquisitions involving government contractors, the False Claims Act is an important consideration that both buyers and sellers need to address, particularly if the target company is the focus of an FCA...more
In this episode of "Don't Take No For An Answer," Jennifer Fiorica Delgado, partner in Lowenstein's Business Litigation group, joins host Heather Weaver for a deep dive into how commercial litigators can turn insurance into a...more
This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more
Thompson Street Capital Partners IV, L.P. v. Sonova United Hearing Instruments, LLC, C.A. No. 2023-0922 (Del. April 28, 2025) - The Delaware Supreme Court reversed a Court of Chancery decision dismissing a claim for...more
Do in-house lawyers need their own malpractice insurance? Some might. If needed, the type of insurance in-house counsel should explore is called employed lawyers professional liability (ELPL) insurance. This insurance...more
In Days Inns Worldwide, Inc. v. 4200 Rose Hospitality LLC, 2025 WL 2450755 (D.N.J. Aug. 25, 2025), Days Inns brought claims for contractual indemnification pursuant to a license agreement, common law/equitable...more
The adage that “it is better to ask for forgiveness than permission” does not apply to trademark law. This is especially true where receiving forgiveness may be conditioned by paying substantial sums of money to brand owners...more
The Fifth Circuit recently addressed whether a reinsured was entitled to indemnity where it provided untimely notice to its reinsurer in United States Fire Ins. Co. v. Unified Life Ins. Co., No. 24-10392, 2025 WL 2355526 (5th...more