Does your company operate a website and do business in California? If so, you may soon receive (if you have not already) a letter from a law firm on behalf of a California resident aggrieved by your alleged violation of the California Invasion of Privacy Act (CIPA). Surprisingly, you may find your Continue Reading
The Limited Applicability of DGCL Section 273 in Dissolution Cases
In In re Petition for Dissolution of M7 Energy Development Corporation and Convergent Innovation Technology Holdings, Inc., C.A. No. 2024-1135-MTZ (Del. Ch. Aug. 26, 2025), a claim for judicial dissolution of two joint venture corporations was rejected because the parties agreed on dissolution and Continue Reading
Delaware Court of Chancery Enforces “Hell-or-High Water” and Reasonable Best Efforts Provisions and Orders Merger to Close within 48 Hours
In Desktop Metal, Inc. v. Nano Dimension Ltd., C.A. No. 2024-1303-KSJM, the Court of Chancery ordered an acquiring company to close on a merger of a target company within 48 hours. Focusing on the target company’s goal to quickly close on a merger, as memorialized in “hell-or-high water” and Continue Reading
Delaware to Modernize Its DBA Registration Process in 2026: What You Need to Know
Starting February 2, 2026, Delaware will transition to a centralized online system for registering trade names (i.e., DBAs). The new system will move DBA registrations from the county-level (through the Delaware Superior Court’s prothonotary offices) to a statewide Delaware Trade Name Registry Continue Reading
Six Antitrust Trends to Watch in 2026
As we head into 2026, antitrust risk is no longer confined to high-profile tech platforms and blockbuster mergers. State attorneys general (AGs), the Federal Trade Commission (FTC), and the Department of Justice Antitrust Division are pushing into areas that touch everyday business decisions such as Continue Reading
Artificial Intelligence Considerations in Mergers and Acquisitions
As companies evaluate potential mergers and acquisitions, joint ventures, or sale transactions, artificial intelligence (AI) must now be part of the discussion. AI can significantly impact a company’s valuation and risk profile. Buyers must understand not only how a target company uses AI but also Continue Reading
Analysis and Implications of New York High Court Recent Rulings Concerning Constitutionality of the Foreclosure Abuse Prevention Act
In two long-awaited rulings yesterday, Article 13 LLC v. Ponce De Leon Fed. Bank and Van Dyke v. U.S. Bank, Nat’l Ass’n, the New York Court of Appeals addressed the constitutionality of the retroactive application of certain provisions of FAPA under the New York and US Constitution. At issue in Continue Reading
Court’s Ruling in Colbree v. Amchem Signals Shift on Insurance Disclosures
On November 17, 2025, New York State Supreme Court, Suffolk County, issued a broad ruling requiring the defendants in the asbestos matter Colbree v. Amchem to disclose insurance-related information during the early stages of litigation. The decision is unusual because New York courts managing Continue Reading
Willful Ignorance Is Gone—Insights from Maryland and Delaware Privacy Regulators
During a recent gathering of data privacy and security experts, regulators from the Maryland and Delaware Offices of Attorney General provided their insights regarding priorities for state privacy enforcement and recommendations for how to interact with their offices. Maryland’s data privacy law Continue Reading
New York LLC Transparency Act—Taking Effect on January 1, 2026
Beginning January 1, 2026, all New York limited liability companies—and all non–New York LLCs doing business in New York—must file confidential beneficial ownership reports with the New York Department of State unless exempt. Existing LLCs have until January 1, 2027, to file, while new LLCs formed Continue Reading