United States: Contracts and Commercial Law

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Business law and corporate law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve business and corporate law produced by specialists working in this area every day.

Contracting For Agentic AI Solutions: Shifting The Model From SaaS To Services

As agentic AI products shift from passive tools to autonomous actors, we see a move beyond traditional SaaS contracting models to a hybrid approach incorporating BPO-style clauses...

United States Technology

MB

Mayer Brown

Better Late Than Never: Creating A Buy-Sell Agreement For Business Partners Considering A Corporate Post-Nup

Minority investors often purchase interests in private companies without securing a buy-sell agreement (BSA) at the time of their investment.

United States Commercial

BA

Bradley Arant Boult Cummings LLP

Federal Agencies Signal Renewed Focus On Prediction Markets

The Chairman of the Commodity Futures Trading Commission (CFTC) and the United States Attorney for the Southern District of New York (SDNY) in recent days signaled they are increasingly focused on prediction markets.

United States Criminal

AG

Akin Gump Strauss Hauer & Feld LLP

Pentagon Recruits Business Operators For National Defense

On February 13, 2026, United States Secretary of War Pete Hegseth announced the creation of the Business Operators for National Defense program ("BOND") through a video released to social media.

United States Commercial

BB

Baker Botts LLP

Key Development In The Nonstatutory Labor Exemption To The Antitrust Law

United States Anti-trust

BP

Bona Law PC

Texas Attorney General Issues DEI Advisory Opinion

United States Commercial

FB

FBT Gibbons

FTC's "Click-to-Cancel" Rule Gets New Life As FTC's Enforcement Wave Continues To Target Negative-Option Sellers

United States Commercial

GP

Goodwin Procter LLP

Removing A Wrongfully Or Unlawfully Filed Lien From The California Secretary Of State's UCC Website

United States Litigation

ML

Madison Law

The Q1 Corporate Tune-Up: A Governance Checklist For Businesses

United States Commercial

Aa

Adams and Reese

Raising The Bar On Suitability: Massachusetts Proposes Regulations Affecting Skilled Nursing Facility Owners, Management Companies, And Capital Partners

United States Strategy

AF

ArentFox Schiff

Policing Ideology Through The Tax Code? Executive Power, Nonprofits, State Resistance

United States Government

B

Benesch Friedlander Coplan & Aronoff LLP

Federal Court Finds Texas Energy Anti-Boycott Statute Unconstitutional

United States Commercial

JD

Jones Day

2025 Trade Secrets End Of Year Report Trade Secrets, Noncompetes & Employee Mobility

United States IP

AF

ArentFox Schiff

SDNY US Attorney Clayton Cautions Enforcement Activity Could Be Coming To Prediction Markets

United States Finance

KM

Katten Muchin Rosenman LLP

What Europe's Renewable Energy Struggles Can Teach U.S. Regulators About Dispute System Design

United States Litigation

J

JAMS

Artificial Intelligence In ADR: A Neutral's Evolving Perspective

United States Technology

J

JAMS

The Mediation Timing Dilemma: Four Factors Every General Counsel Should Consider

United States Litigation

J

JAMS

Federal Circuit: Priority Document That 'Broadly Outlines' Possible Structures Fails To Provide Adequate Written Description Support For Subgenus Of Linkers In Antibody-Drug Conjugate

United States IP

AG

Akin Gump Strauss Hauer & Feld LLP

Colorado "Opt-Out" Litigation – Petition For Rehearing En Banc And Amicus Briefs In Support

United States Finance

BS

Ballard Spahr LLP

Appellate Court Reinforces Strict Compliance With Statutory Notice‑of‑Claim Deadlines In Contract Disputes

The New York Appellate Division, Second Department, recently reaffirmed that notice‑of‑claim requirements can bar contract claims when statutory deadlines are missed.

United States Real Estate

DM

Duane Morris LLP

U.S.– India Trade Deal | Phase 1 Update

On Feb. 3, Clark Hill described the U.S. – India tariff "reset" as a big commercial signal with thin operational detail. Several days later, the picture is now sharper.

United States International

CH

Clark Hill

When SAFE Is Stock: Implications Of Series SAFE Preferred

Early-stage startup financings have long reflected a tension between transactional efficiency and legal precision.

United States Commercial

FF

Farrell Fritz, P.C.

Converting A New York LLC To A Delaware C-Corp: Your Strategic Conversion Map

There often comes a point in a company's trajectory when the structure it was built on, which was practical in the earlier days, no longer reflects the scale of the business.

United States Commercial

Gouchev Law PLLC

Political Contribution Disclosure Rules In Illinois, Maryland, New Jersey, Pennsylvania, Philadelphia And Rhode Island

United States Government

SA

Skadden Arps Slate Meagher & Flom

OGC's 2025 Year In Review: The In-House-Minded Legal Model Becomes Essential

United States Commercial

OG

Outside GC

Akin Space Law, Regulation And Policy Update | February 9, 2026

United States Transport

AG

Akin Gump Strauss Hauer & Feld LLP

Delaware Supreme Court Holds That Restrictive Covenants That Forfeit An Employee's Equity Units Are Still Enforceable

United States Commercial

M

Mintz

For Close Business Owners, The Toothless Notice Of Pendency Remedy Unexpectedly Gets Some Bite

United States Commercial

FF

Farrell Fritz, P.C.

Considering Reincorporation? Why Delaware Remains The Gold Standard (Podcast)

United States Commercial

GP

Goodwin Procter LLP

In Delaware, You Live Or Die Under Your LLC Operating Agreement

United States Commercial

FF

Farrell Fritz, P.C.

Ninth Circuit Rules U.S. Antitrust Law Applies To Ex-U.S. Sales When Contract Negotiated In The U.S.

United States Anti-trust

WS

Winston & Strawn LLP

CREF Roundup | Week 6, 2026

United States Real Estate

FB

FBT Gibbons

The New USPS Guidance Every Lawyer Should Be Aware Of

United States Commercial

BS

Butler Snow LLP

In Delaware, You Live Or Die Under Your LLC Operating Agreement

Put on your Member B hat in the following not-so-hypothetical fact pattern...

United States Commercial

FF

Farrell Fritz, P.C.

Ninth Circuit Rules U.S. Antitrust Law Applies To Ex-U.S. Sales When Contract Negotiated In The U.S.

On January 8, 2026, the Ninth Circuit Court of Appeals allowed U.S. company Seagate Technology LLC and its foreign entities—Seagate Thailand and Seagate Singapore—to move forward with their claims against Japanese company NHK Spring Co., Ltd. under United States antitrust (i.e., competition) laws.

United States Anti-trust

WS

Winston & Strawn LLP

CREF Roundup | Week 6, 2026

The CREF Roundup is a periodic digest of noteworthy developments, insights, and commentary in the world of commercial real estate finance (CREF).

United States Real Estate

FB

FBT Gibbons

The New USPS Guidance Every Lawyer Should Be Aware Of

Most lawyers learn about the "mailbox rule" in their first-year contracts course. And whether a lawyer's practice is focused on litigation or transactions, lawyers frequently face deadlines that can be met based...

United States Commercial

BS

Butler Snow LLP

Hybrid Horizons: U.S. Tax Considerations In Hybrid Capital Instruments

United States Commercial

PR

Proskauer Rose LLP

Sandbagging In Cross-Border M&A: Clear Skies In Delaware, Still Cloudy In Canada

The pro-sandbagging ruling in In re Dura Medic Holdings provided certainty in Delaware, but in Canada, the law around sandbagging is still murky.

United States Commercial

ABA Business Law Section

SRTs In The Resolution Of Failed Banks

Christopher B. Horn, Jed Miller, Daniel Meade, Ivan Loncar, Kathryn Borgeson, Chris Van Heerden and Christina Mille have authored a new Cadwalader memorandum examining the treatment of significant risk transfers (SRTs) in the resolution of failed banks.

United States Finance

CW

Cadwalader, Wickersham & Taft LLP

New OFSI Decision Gives Best Guidance Yet On Sanctions Due Diligence

On 26 January 2026, the Office of Financial Sanctions Implementation ("OFSI") provided its clearest guidance yet on the baseline level of due diligence it expects businesses to undertake when assessing sanctions risks.

United States Finance

BC

Bryan Cave Leighton Paisner

Delaware Law Alert: Delaware Case Applying Indemnification Materiality Scrape Creates Risks For The Unwary

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...

United States Commercial

MB

Mayer Brown

Why Your U.S. Distributor Agreement And China Manufacturing Contract Will Eventually Collide (And How To Prevent It)

United States Commercial

HS

Harris Sliwoski

District Of Massachusetts Dismisses 93A Claim Despite Choice-of-Law Provision

United States Litigation

GT

Greenberg Traurig, LLP

2025 Year In Review: FSIA, Helms-Burton, And Cross-Border Enforcement

United States Commercial

SJ

Steptoe LLP

Delaware Court Treats Grant Of A Security Interest As Triggering Contractual Payment-Assignment Rights

United States Commercial

D

Dechert

NIL After House: What Name, Image, And Likeness Means For Colleges And Higher-Education Institutions In 2026

United States Commercial

BS

Butler Snow LLP

Webinar – How Do I Get Out Of Business With My Business Partner? (Video)

United States Commercial

BB

Beresford Booth

The Landscape Of Contract Litigation In Washington

United States Commercial

BB

Beresford Booth

Just Another NDA? Why M&A Confidentiality Agreements Are Different

United States Commercial

DW

Dickinson Wright PLLC

First-quarter Ready: How Companies Can Enter 2026 With Positive Strategic Momentum

United States Commercial

GGI Global Alliance

The Notice Of Contract Mechanism: How Contractors Can Avoid Double Payment

United States Real Estate

Wa

Ward and Smith, P.A.

Seal The Valve, But Not The Deal: Court Blocks Edwards Lifesciences' Pre Commercial Merger

United States Commercial

BC

Bryan Cave Leighton Paisner

2026 California Construction Law Update: What Private Project Owners And Contractors Need To Know About SB 61 And SB 440

United States Real Estate

RT

Rutan & Tucker

When Can Non-Parties Enforce An Arbitration Agreement? Colorado Court Stands Firm On Fundamental Contract Law

United States Litigation

CH

Clark Hill

When Are New Jersey Business Owners Personally Liable For Corporate Debt?

United States Commercial

SH

Scarinci Hollenbeck LLC

The False Promise Of Growth Through Acquisition

United States Commercial

AM

Alvarez & Marsal

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Highlighted Content

Using A Contract Review Checklist For Commercial International Trade Contracts

United States International

BG

Braumiller Law Group, PLLC

10 Reasons Why Companies Prefer To Resolve International Commercial Disputes By International Arbitration

United States Litigation

J

JAMS

What Is The "First Sale" Rule And How Does It Affect Me?

United States International

BG

Braumiller Law Group, PLLC

ImpactDAOs: Shaping The Future Of Regenerative Organizations

United States Technology

BG

Braumiller Law Group, PLLC

JAMS Neutrals Discuss How Businesses Can Take Preemptive Action To Address Supply Chain Challenges (Podcast)

United States Government

J

JAMS

Breaking The Bias In International Arbitration: Party Autonomy And The Opportunity To Diversify

United States Litigation

J

JAMS

Latest Videos

See more

Webinar – Understanding Preferential Purchase Rights, E.g. Rights Of First Refusal/Offer (Video)

BB

Beresford Booth

Engaging With Vendors For Faith-Based Orgs — Clarity, Compliance, And Stewardship (Video)

MB

Michael Best

Event Contracts: Financial Innovation Or Gambling Back Door? (Video)

G

Gamma Law

Contract Remedies: Protect Your Business From Trouble (Video)

C

Crowley Law LLC

Quick Guide To Administrative Hearings (Video)

OK

Offit Kurman

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