Legal Blogs and Articles
Legal Blogs and Articles
France’s 2023 resilience reserve has sparked an unprecedented wave of reinsurance captives, now underwriting more than €200 million in gross premiums. The government’s provision mirrors Luxembourg’s successful equalisation model but offers slightly less generous terms, creating a tax‑efficient, regulated pathway for insurers and corporates. Within three years, the captive market has expanded rapidly, signaling strong demand for alternative risk financing. The report underscores the regime’s effectiveness in attracting domestic and multinational participants.
Deloitte and USC’s Peter Arkley Institute released its fifth‑year analysis of S&P 500 risk‑factor disclosures, finding that average page counts rose to 14.3 and risk‑factor totals to 32. Despite SEC reforms aimed at trimming disclosures, 56% of firms added pages and 37%...
A federal appeals court ruled that an FAA employee’s retaliation claim failed because his internal grievance did not allege unlawful discrimination, and therefore was not protected activity under Title VII. The court emphasized that only complaints that challenge discrimination, not...
The UK Data (Use and Access) Act 2025 replaces GDPR Article 22 with Section 80, easing restrictions on fully automated decision‑making (ADM) while defining "meaningful human involvement" and "significant" effects. The new safeguards only trigger when decisions rely on special categories of...
The Southern District of Florida held that a denial of a citizen petition transforms the underlying FDA warning letters into final agency action, allowing judicial review. Hybrid Pharma sued after the FDA refused to rescind two warning letters and the...
The Armed Services Board of Contract Appeals ruled in Wolverine Tube, Inc. that the Air Force’s stop‑work order, issued under FAR 52.242‑15, automatically expired after its 90‑day limit because the government never cancelled or extended it. The Board rejected the Air...
A senior lawyer’s preference for generative AI over a junior associate sparked debate about the true capabilities of AI tools. The article stresses that current models, even Retrieval‑Augmented Generation systems, can hallucinate and lack genuine understanding. It argues that lawyers...
BriefCatch announced the acquisition of WordRake’s core product, technology assets, and its twelve editing patents. The deal merges two leading legal‑writing tools into a single platform, with WordRake CEO Scott Johns joining BriefCatch as a strategic advisor. The integration follows...
The Third Circuit affirmed the dismissal of Sports Enterprises’ fiduciary‑duty claim against Marvin Goldklang, holding that Florida nonprofit statutes impose duties only to the organization, not to individual minor‑league clubs. The court emphasized that the league’s bylaws require directors to...
The piece warns that "free" surveillance technology—delivered through vendor pilots, federal grants, and wealthy donor gifts—carries hidden civil‑liberty costs and long‑term financial obligations. It cites examples such as Denver’s drone trials, Denver’s contested Flock ALPR contract, Atlanta’s police foundation opacity,...
LRN’s 2026 Ethics & Compliance Program Effectiveness Report, based on more than 2,500 respondents across 26 industries, reveals a widening gap between high‑impact and average programs. While AI and data‑analytics adoption is expanding, many firms lack the governance and measurement...
The Eastern District of Michigan issued a 2026 opinion in Dassault Systèmes v. Childress that clarifies the status of the initial‑interest confusion doctrine. The court held that the Sixth Circuit’s 2020 decision did not foreclose the doctrine as a viable...
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On 25 September 2025 the Paris Court of Appeal upheld two injunctions forcing X (formerly Twitter) to disclose detailed engagement and revenue data for press content, confirming the platform’s duty to provide information needed to calculate remuneration under Article L.218‑4 of the French...
Canada’s Competition Bureau has released draft merger enforcement guidelines that embed structural presumptions, mirroring the 2023 U.S. thresholds of a post‑transaction HHI above 1,800 and a combined market share over 30 percent. The draft also eliminates the statutory efficiencies defence...
The Trump administration paused enforcement of the U.S. Foreign Corrupt Practices Act (FCPA) in February 2025, sparking a crisis in global anti‑bribery enforcement. In response, the United Kingdom, France and Switzerland announced the International Anti‑Corruption Prosecutorial Taskforce, positioning Europe as...
Professor Richard Fentiman, Emeritus at Cambridge, will present a virtual lecture on “Contactless Injunctions: New Approaches to Jurisdiction in English Law” at the Max Planck Institute workshop on 3 March 2026. He will explain how English courts are now granting extraterritorial injunctions even...
AI-powered Google search and chatbots are diverting 30‑40% of traffic from news sites. Copyright expert Paul Gerbino proposes a recurring‑fee model, forcing AI firms to pay publishers each time their content is used for training or retrieval. He urges collective...
The Delaware Superior Court in JanCo FS 2, LLC v. ISS Facility Services clarified how a materiality scrape should be applied in M&A indemnity clauses. The court first inserts the full definition of “Material Adverse Effect” and then strikes materiality qualifiers, effectively expanding the...
Retired California Superior Court judge Brett Alldredge argues that cash bail remains entrenched despite the 2021 California Supreme Court decision in *In Re Humphrey* deeming monetary bail unconstitutional. He highlights ongoing reliance on default bail schedules across the state, noting...
A federal court ruled that a pregnant employee’s resignation, prompted by a one‑day stay‑or‑leave ultimatum, could be treated as constructive discharge. The judge found that the rushed deadline, supervisor comments suggesting termination was inevitable, and internal discussions about maternity‑leave optics...
The British Transport Police have launched a live facial‑recognition pilot at London Bridge railway station, marking the first real‑time biometric surveillance deployment on the UK rail network. The trial uses cameras that match faces against police watchlists as passengers move...
Law firms that treat language access as a built‑in infrastructure, rather than an after‑the‑fact courtesy, see higher client trust and fewer costly misunderstandings. The article advises focusing bilingual efforts on critical touchpoints—intake, key contract moments, and non‑English evidence—instead of translating...
Bloomsbury’s new volume *Recognition and Enforcement of Non‑EU Judgments* launches on 19 February 2026, edited by Tobias Lutzi, Ennio Piovesani and Dora Zgrabljic Rotar. It provides the first systematic, comparative examination of how 21 EU Member States treat judgments issued outside the Union....
The article promotes a free e‑guide, "Smart Growth Strategies for Midmarket and Smaller Law Firms," co‑created by Attorney at Work and Gene Commander Inc. It warns that the legal sector will undergo more change in the next three to five...
The U.S. Court of Appeals for the Third Circuit affirmed that the Best Price Rule applies only to shares actually taken up and paid for in a tender offer, not to shares the offeror cannot lawfully acquire. The ruling arose...
The American Conference Institute will host its 22nd Annual Paragraph IV Disputes Conference on April 21‑22, 2026 in New York’s Times Center. The two‑day forum gathers brand‑name and generic drug stakeholders to discuss Hatch‑Waxman litigation strategies, recent case law, and evolving PTAB practices. Featured...
Conflicts of interest are increasingly recognized as critical compliance risks that can undermine employee trust, skew decision‑making, and expose firms to litigation and reputational damage. Recent scandals involving supervisor‑subordinate relationships illustrate how personal ties can cascade into enterprise‑wide failures when...
The article argues that the U.S. legislative debate over stablecoins will decide whether digital dollars become bank‑like deposits or remain programmable assets that spur competition. It highlights how stablecoins now serve as payment rails, collateral, and yield sources, prompting banks...
The Hart‑Scott‑Rodino (HSR) filing calendar showed a sharp February 2025 spike followed by sustained high volumes through December 2025 and a solid January 2026 count. This surge compresses M&A diligence windows, forcing cyber, data‑privacy and eDiscovery teams to operate at...
Eight years after GDPR’s rollout, joint controller agreements remain a complex, under‑defined area for privacy teams. Article 26 creates joint controllership when multiple parties jointly decide the purposes and means of processing, making the arrangement inseparable. Unlike standard DPAs, these agreements...
Legalgain released a whitepaper titled "Integrity Meets Intelligence" outlining structural requirements for reliable AI legal research. The report identifies three core pillars: high‑integrity legal data, domain‑specific model architecture, and agentic multi‑step workflows. It argues that many current legal AI tools...
Under the Trump administration, the DOJ has refined its corporate enforcement policy to more actively reward voluntary disclosures of misconduct. Companies that promptly self‑report, fully cooperate, and remediate can receive declinations and potentially avoid disgorgement, as illustrated by recent False...
A coalition led by the Electronic Frontier Foundation and Imperial Valley Equity & Justice has asked Governor Gavin Newsom and Caltrans to immediately revoke permits that allow federal agencies such as Customs and Border Patrol and the DEA to install...
Senators Josh Hawley and Elizabeth Warren introduced the Break Up Big Medicine Act, a "Glass‑Steagall"‑style bill that would prohibit common ownership of health‑care providers with insurers, PBMs, or drug/medical device wholesalers, forcing divestiture within a year. The legislation targets vertically...
The SEC’s recent clarification of Rule 14a‑8 reshapes how companies must handle shareholder proposals, while regulators intensify scrutiny of proxy advisors. Concurrently, vote‑no/withhold campaigns and new retail voting programs are gaining traction, adding complexity to the 2026 proxy season. Updated guidance...
Jay Clayton, former SEC chair and U.S. attorney, reiterated his long‑standing criticism of the Foreign Corrupt Practices Act (FCPA), arguing that aggressive U.S. enforcement can unintentionally boost corruption abroad. He cited the act’s high compliance costs as a driver for...
Several recent proxy statements claim that moving a corporation from Nevada to Delaware provides greater dividend‑distribution flexibility. A detailed comparison of Nevada’s NRS 78.288 and Delaware’s statutory and case‑law framework shows Nevada already allows broad dividend authority, especially when articles of...
HaystackID announced on February 10, 2026 that Jeff Shapiro will serve as Managing Director for Europe, anchoring its Global Advisory practice in London. The appointment comes as the EU AI Act and Data Act enter critical enforcement phases, demanding localized...
Board director compensation across the Russell 3000 and S&P 500 showed modest growth in 2025, with total pay up 2% in the Russell 3000 and flat in the S&P 500, keeping median compensation near $250,000. Shareholder‑approved caps are now in...
The SEC’s proposed 2024 Climate Rule would require large accelerated filers to disclose Scope 1 and Scope 2 greenhouse‑gas emissions and obtain third‑party assurance, mirroring EU sustainability mandates. Under Section 11, underwriters remain liable for non‑expertised portions of registration statements, shifting risk when...
Digital distribution has dramatically expanded creators' reach, but platform ecosystems now dominate visibility, pricing, audience data, and monetisation. This shift has eroded creators' bargaining power, even as publishers access larger audiences. Axel Springer’s new research frames copyright as an economic...
Former judge Paul Cassell argues that shifting criminal law toward a victim‑centric model could curb the growing politicization of prosecutions. He contends that ordinary citizens—victims and families—should have greater input, reducing reliance on politically exposed prosecutors. Critics warn that empowering...
Brazil’s LexML portal, built on the open‑source Akoma Ntoso XML standard, aggregates official texts, court decisions, and bills into a single searchable system. While the platform centralizes legislative documents, it fails to integrate political metadata such as bill sponsors or...
The Department of Justice (DOJ) is openly deploying AI tools—such as cryptocurrency tracing, financial anomaly detection, travel‑pattern analysis, and intake triage—to boost white‑collar investigations. At the same time, the DOJ’s enforcement agenda warns that companies must govern their own AI...
ISS added a negative overriding factor to its EPSC evaluation in December 2025. Plans that receive a Plan Features pillar score below seven points may now trigger a recommended vote against the equity plan proposal. ISS does not disclose how...
The Luxembourg Centre for European Law and the Association of European Competition Law Judges are hosting a self‑preferencing seminar in Luxembourg on 26 February, featuring Judge Octavia Spineanu‑Matei, Professor Walid Chaiehloudj and the author. A second event, the European Commission’s “Shaping...
The article argues that regulator‑regulatee agreements are not merely a peripheral tool but the dominant paradigm shaping modern regulation. Across sectors—from automobile safety to artificial intelligence and data‑privacy settlements—agreements precede, accompany, or replace traditional command‑and‑control rules. This perspective blurs the...
On January 23, 2026 the SEC’s Division of Corporation Finance released a suite of updated Compliance and Disclosure Interpretations covering proxy filings, executive compensation in spin‑offs, tender‑offer mechanics, lock‑up agreements, and securities‑offering integration. The revisions eliminate voluntary PX14A6G filings for...
The second African private international law symposium highlighted a surge in judicial engagement with cross‑border disputes across twenty‑six jurisdictions. Participants underscored the lingering influence of colonial legal frameworks and the need for reforms that reflect African economic realities. The symposium...
