Business Law and Corporate Law

On September 11, 2026, the FDIC, Federal Reserve, OCC, and NCUA (together, the “Agencies”) issued proposed third-party risk management guidance (the “TPRM Guidance”) outlining a principles-based approach designed to assist banks and credit unions (together, “institutions”) in tailoring their third-party risk management practices to the risks of individual relationships.

Companies face mounting geopolitical risks that threaten global supply chains, from tariffs and sanctions to trade disputes and regulatory shifts. How can organizations use strategic contracting and procurement practices to navigate these uncertainties while maintaining operational resilience? This analysis examines practical approaches to mitigating compliance, cost, availability, and quality risks through risk-appropriate contract drafting and supplier management.

The Federal Circuit's decision in NCS Multistage Inc. v. Nine Energy Service, Inc. establishes that a patentee's prior commercial sale does not automatically qualify as a public disclosure under the AIA safe harbor provision. The court clarified that the critical question is whether the inventor's actions made the subject matter of the invention available to the public, not merely whether a commercial transaction occurred.

The EEOC has shifted its enforcement priorities to focus on what it terms "DEI-related discrimination" cases, fundamentally changing how employers must approach diversity initiatives.

In this episode of Coffee Chats with WIN, hosts Jessica Stewart and Lauren Russell sit down with Lesley Adamo, Vice Chair of the Tax Group and New York Office Managing Partner at Lowenstein Sandler. Lesley shares her journey into tax law, the pivotal advice that shaped her path to partnership while balancing family life, and why bringing your authentic self to work matters.

Colorado regulates marijuana businesses through the state Marijuana Enforcement Division (MED), while local jurisdictions retain separate licensing and regulatory authority over marijuana businesses within their boundaries. The current Colorado Marijuana Rules are codified at 1 CCR 212-3 (version effective January 5, 2026). Because state rules, forms, fee schedules, and local ordinances can change, applicants should confirm relevant requirements before filing or closing a transaction.

The U.S. Small Business Administration has set new annual fee rates for Small Business Investment Companies' debentures for fiscal year 2027, with standard debentures at 0.3000% and accrual debentures at 0.8710%. These fees apply to any SBIC receiving debenture commitments between October 1, 2026 and September 30, 2027, regardless of when the debentures are actually drawn.

Forget what you thought you knew about startup funding. According to Crunchbase, billion-dollar rounds have moved from anomaly to expectation. In the first half of 2026, 60% of global startup funding flowed to rounds of $1 billion or more — and in the U.S., that figure jumped to a staggering 73%.

Three major space and defense technology companies secured significant funding rounds in August, with investments totaling over $1.5 billion. The funding activity spans hypersonic defense systems, satellite manufacturing, and orbital computing infrastructure, attracting participation from major financial institutions and venture capital firms.

Delaware's General Corporation Law has undergone three years of significant amendments addressing conflicted transactions, stockholder rights, and corporate governance mechanics. The 2024-2026 changes create new statutory safe harbors, resolve certificate interpretation issues, and respond to Court of Chancery decisions that had disrupted established transactional practices.

On September 11, 2026, the FDIC, Federal Reserve, OCC, and NCUA (together, the “Agencies”) issued proposed third-party risk management guidance (the “TPRM Guidance”) outlining a principles-based approach designed to assist banks and credit unions (together, “institutions”) in tailoring their third-party risk management practices to the risks of individual relationships.

FTC Commissioner Mark Meador advocates for reinvigorating the agency's standalone Section 5 authority to target unfair methods of competition beyond traditional antitrust violations, arguing this broader mandate represents Congress's original intent for the Commission. His remarks reignite longstanding debates over the scope of FTC enforcement powers and whether the agency should pursue conduct affecting nascent competitors even when it falls outside Sherman or Clayton Act violations.