The US Department of Justice’s (DOJ) new Data Security Program (DSP), designed to protect sensitive information and national security-related data from misuse by foreign actors, took full effect on October 6, 2025. The program introduces new restrictions on how companies handle and share sensitive Continue Reading
Chancery Upholds and Emphasizes Distinction Between Fiduciary and Personal Misconduct When Dismissing Breach of Loyalty Claims
In Brola v. Lundgren, C.A. No. 2024-1108-LWW, the Delaware Court of Chancery examined the parameters of, and differentiated, corporate internal affairs issues and interpersonal employment matters. Credit Glory Inc. (the company) is a private Delaware corporation owned and directed by the Continue Reading
Who, Me? A Wiretapper? Common Website Activities May Subject Your Business to Demands Under the California Invasion of Privacy Act
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
The Drumbeat of Progress: DOD’s Acquisition Transformation Strategy
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
From Blueprints to Bytes
Artificial Intelligence is reshaping the construction industry from the ground up, one digital brick at a time. With help from AI, modern contractors can quickly analyze and synthesize contractual provisions, review and prepare amendments and change orders, enhance workflow automation, and Continue Reading