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7 Business Legal Issues that are Dominating 2026

By Rush Nigut on March 19, 2026
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Business owners in 2026 face growing legal complexity. Contract disputes, ownership conflicts, economic/tariff pressures, and the rising use of AI-generated contracts are creating new risks. The businesses that avoid costly disputes tend to address these issues before they become problems.

Running a business has always involved risk. What is different in 2026 is how quickly those risks appear, constantly change and how complicated they can become. Many of the matters reaching a business lawyer’s desk today are not caused by bad intentions. They usually arise because the legal documents governing a relationship were written years ago while the business environment continues to evolve.

Contracts assumed different costs. Ownership structures assumed long-term alignment between partners. Employment policies assumed different rules. When those assumptions change, legal problems often follow.

Below are seven of the most common legal issues I am seeing as a business lawyer today.

  1. Contract disputes as economic conditions change

Many business contracts were drafted in a different economic environment. Costs were lower, supply chains were more predictable, and labor expenses were easier to forecast.

Today those assumptions are being tested.

Businesses often discover that their agreements do not clearly address what happens when costs rise or when market conditions shift. Questions begin to surface. Can prices be increased under the agreement? Can the contract be terminated if the deal becomes unprofitable? Who bears the risk of cost increases?

When the agreement does not clearly answer those questions, disputes often follow.

  1. Partnership and shareholder conflicts

Ownership disputes tend to appear when a business experiences either rapid growth or financial pressure. Partners who once agreed on strategy may begin to disagree about expansion, reinvestment, or distributions. Amazingly, these disputes often occur when the business becomes successful rather than when it is struggling.

Sometimes one owner wants to sell the business while others want to continue operating it. In other situations, an owner may want to step away from daily operations but retain ownership.

When the operating agreement or shareholder agreement does not clearly address these situations, the lack of a roadmap can quickly turn disagreement into conflict.

  1. Employment classification and workplace compliance

Employment law continues to be an area of significant legal exposure. Businesses must navigate evolving rules regarding employee classification, overtime eligibility, workplace policies, and restrictive covenants.

A common issue arises when businesses treat workers as independent contractors even though the law may classify them as employees. Misclassification claims can expose businesses to wage claims, penalties, and tax issues.

Proactive compliance reviews can often prevent these problems before they develop into disputes or regulatory investigations.

  1. Exit planning and business sales

Many business owners are beginning to think seriously about succession or sale. Some want to retire. Others are considering offers from private equity groups or strategic buyers.

The legal challenges often appear when the business structure was never designed with a future sale in mind. Buyers want clarity regarding ownership interests, intellectual property rights, customer contracts, and financial documentation.

When those elements are not properly organized, transactions can become delayed or significantly more complicated than expected.

  1. Franchise and licensing disputes

Franchising continues to expand across many industries, and with growth comes conflict. We continue to frequently see disputes involving royalty obligations, territorial rights, operational requirements, and system changes imposed by franchisors.

Many of these disputes trace back to the franchise agreement and the Franchise Disclosure Document (FDD). Those documents define the rights and obligations of both parties for years into the future.

Business owners who understand those provisions before signing the agreement are usually in a much stronger position than those who discover key obligations only after a dispute arises.

  1. Regulatory compliance and expanding legal obligations

Businesses today operate in a regulatory environment that continues to grow more complex. Privacy laws, licensing requirements, industry regulations, and reporting obligations can create compliance challenges for many companies.

For business owners, the difficulty is often not simply understanding the rules but keeping pace with changes in those rules over time.

Compliance today is not a one-time task. It requires ongoing attention as regulations evolve and enforcement priorities shift.

  1. AI-generated contracts and the risk of unenforceable agreements

One of the newer legal issues appearing more frequently involves the growing use of artificial intelligence to generate contracts and legal documents.

AI tools can be helpful for brainstorming or organizing information. The challenge arises when non-lawyers rely on these tools to produce binding agreements without understanding how enforceable contracts must be structured.

Many AI-generated agreements lack critical provisions such as governing law clauses, clear dispute resolution mechanisms, indemnification provisions, or properly defined obligations. In other situations, the prompts used to generate the document are too vague to produce an agreement tailored to the actual transaction.

The result is an agreement that may seem professional but fails to address the risks that typically arise in real business disputes.

When conflicts later occur, the parties often discover that the document does not provide clear guidance for resolving the issue. Courts are then left interpreting language that was never carefully drafted for the relationship between the parties.

Artificial intelligence will continue to be a useful tool in many areas of business. However, drafting enforceable agreements requires more than simply asking a chat bot to produce a contract. It requires an understanding of how disputes arise and how risk should be allocated between the parties.

Looking ahead

Legal issues rarely appear overnight. Most develop slowly as business relationships evolve and economic conditions change.

Businesses that review their contracts, ownership documents, and compliance policies regularly are often the ones that avoid the most serious disputes.

If you are a business owner dealing with contract questions, partnership concerns, regulatory issues, employment issues, franchise disputes or agreements created through AI tools, it may be helpful to review those matters before they become disputes. A thoughtful review of your agreements and business structure today can often prevent much larger problems down the road. If you would like to discuss a specific issue affecting your business, feel free to reach out to schedule a consultation.

Photo of Rush Nigut Rush Nigut

Rush Nigut is a shareholder with the Brick Gentry Law Firm in West Des Moines, Iowa. His practice includes both transactional and litigation matters including franchising and business law. Rush started his legal blog, Rush on Business, in 2006. He has been quoted…

Rush Nigut is a shareholder with the Brick Gentry Law Firm in West Des Moines, Iowa. His practice includes both transactional and litigation matters including franchising and business law. Rush started his legal blog, Rush on Business, in 2006. He has been quoted or referenced by hundreds of other blogs, websites, and publications. He also is the editor of the Brick Gentry Trial Team blog and can help you identify the most qualified lawyer at Brick Gentry to handle your case. Our lawyers have a breadth of trial experience in personal injury, employment discrimination, business litigation, IP law, and class action cases.

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  • Posted in:
    Corporate & Commercial, Employment & Labor
  • Blog:
    Rush on Business
  • Organization:
    Brick Gentry
  • Article: View Original Source

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