Hello everyone and hello 2026! It’s time to kick off another year of “Ten Things You Need to Know as In-House Counsel.” For a number of years, I started January with my “essential issues” for in-house lawyers post, i.e., things I thought were important for in-house lawyers to watch out for over the upcoming year.
How 2026 Will Reshape Business and Corporate Law
How 2026 Will Reshape Business and Corporate Law by Jeffrey A. Bekiares
How 2026 Will Reshape Business and Corporate Law
How 2026 Will Reshape Business and Corporate Law? Predictions are a rough game, as any seasoned sports fan knows. But, they can also be a useful signal-post to prepare for what’s to come, and, let’s
Playtime with AI? Senators Urge CPSC to Act
This past week, Senators Amy Klobuchar, Maria Cantwell and Edward Markey penned a letter to the Consumer Product Safety Commission (CPSC) with “concerns regarding the integration of artificial intelligence (AI) technologies into children’s toys.” The letter requests the CPSC respond by January 31, 2026 explaining how it will ensure children are protected from certain harms posed by AI.
Navigating Governance in Turbulent Times
The following is part of our annual publication Selected Issues for Boards of Directors in 2026. Explore all topics or download the PDF.
Big changes to disclosure and other governance rulemaking from the SEC, and potentially Congress and the Trump administration, are coming in 2026. These changes will affect how companies disclose information; how they
Finding Your China Substitute: Cambodia vs. Guatemala for Manufacturing:
Cambodia vs. Guatemala for Manufacturing
For U.S. companies making labor-intensive products and looking to exit China, Cambodia and Guatemala come up repeatedly as lower-cost alternatives. I am bullish on Guatemala, but cautious on Cambodia.
This is not because Cambodia cannot manufacture. It can. The issue is control. Cambodia’s risk profile is harder to manage and
The Shifting SEC Enforcement Landscape: 2025 Year-in-Review
The following is part of our annual publication Selected Issues for Boards of Directors in 2026. Explore all topics or download the PDF.
Fiscal year 2025 was a year of extremes in terms of the number of enforcement actions brought by the Securities and Exchange Commission (SEC). During the first quarter of fiscal year 2025
Quick Takes from SRI 2026
At this year’s SRI, a few themes popped up in panels across a range of topics: disclosure trends; governance priorities; and frequently discussed interpretive questions.
IPO Comment Letter Timing: Still Long, but Improving
Initial comment letters for IPOs are still currently taking longer than the 30-day target reflective of both filing volume and working down
FDA and EMA Provide Guiding Principles for AI in Drug Development
On Jan. 14, 2026, the U.S. Food and Drug Administration (FDA) and the European Medicines Agency (EMA) jointly released the “Guiding Principles of Good AI Practice in Drug Development,” a set of 10 high-level principles intended to steer the safe and responsible use of AI across the product lifecycle. While not formal industry guidance, the
Is it Ever OK For AI Providers to Train on Your Company’s Data? The Answer is Yes!
Access to quality data is the foundation for developing effective artificial intelligence models. As a result, one of the most common issues for companies when evaluating an AI-powered product is whether a model provider can or will train its AI on customers’ (such as your company’s) data.
Guest Post: The Collision of Asset-Based Lending and Governance Failures
The current private credit market turmoil has involved a number of high-profile company failures and ensuing D&O claims. In the following guest post, Sarah Abrams takes a closer look at one recent example of these developments — the bankruptcy of Tricolor Holdings and the ensuing criminal indictment — and considers the broader potential