North America: Corporate/Commercial Law

Nearshoring has put Mexico on the radar of hundreds of Chinese companies looking to manufacture, sell, or invest closer to the United States. Yet not all of them manage to gain a foothold. Many arrive with strong products and sufficient capital, but stumble on obstacles that are not technical or financial they are cultural and legal.

Presently, the availability of AI tools has not changed the skills expected of litigation attorneys in California. Some attorneys may be using AI for drafting and editing to improve their writing abilities. Others may use it in research to identify authorities they were not able to locate, or to locate more quickly what they could find using the many legal research and writing tools already available.

State legislatures are rapidly expanding oversight of health care transactions, with eight states enacting new laws targeting private equity involvement, MSO arrangements, and REIT transactions. These regulations introduce complex notice requirements, approval processes, and corporate practice restrictions that fundamentally alter how health care deals must be structured and timed.

Section 172(1) of the UK Companies Act 2006 requires directors to act in the way they consider, in good faith, would be most likely to promote the company’s success. But what standard of behaviour does this require?

The Federal Reserve has established a four-part safe harbor for determining when voting trusts, buy-sell agreements, and similar shareholder arrangements will not be treated as a "company" under the Bank Holding Company Act. Understanding these requirements is critical for structuring governance arrangements that avoid unintended regulatory consequences, particularly regarding termination provisions that override state perpetuity laws.

Que vous lanciez une nouvelle entreprise ou envisagiez d'accueillir de nouveaux actionnaires, une convention unanime des actionnaires peut constituer l'un des outils les plus puissants à la disposition des propriétaires d'entreprise. Cependant, les incidences fiscales de certaines dispositions sont souvent négligées au stade de la rédaction, entraînant des changements involontaires dans le contrôle de la société et d'importantes conséquences fiscales.

Four major policy developments in 2026 have reshaped the landscape of employee benefits and executive compensation, involving significant regulatory changes from the Department of Labor's Employee Benefits Security Administration and the Securities and Exchange Commission. These changes affect 401(k) plan fiduciaries, enforcement priorities, disclosure requirements, and the treatment of Trump accounts under ERISA.

Executive employment agreements require careful attention to interconnected provisions that affect compensation, severance, tax treatment, and post-employment obligations. Understanding how bonus structures...

Effective CEO succession planning requires careful board oversight and strategic preparation. This guide examines the critical role boards play in ensuring smooth leadership transitions and maintaining organizational continuity during periods of executive change.

Vice President and Chief Administrative Officer of Arthur M. Blank Sports and Entertainment, Nick Brown, discusses his transition from private practice to the business side of sports, sharing insights on overseeing operations for an ownership group with franchises spanning multiple professional leagues. The conversation explores the skills that shaped his career, the unique challenges of working in a multi-team sports organization, and the evolving legal and business landscape of professional sports.

Foreign franchisors expanding into Canada face critical decisions about accepting deposits before providing franchise disclosure. Understanding when a refundable deposit crosses legal boundaries can determine whether your franchise relationship begins on solid ground or creates statutory rescission risks that emerge after substantial investment.

Canada's Competition Bureau has released draft Cartel Enforcement Guidelines that consolidate and update guidance on criminal cartel provisions, introducing significant new positions on bid-rigging, foreign-based conspiracies, facilitating practices like MFN clauses, franchise systems, and employer agreements. These proposed guidelines expand the Bureau's enforcement approach beyond established case law and warrant careful attention from Canadian businesses operating in competitive markets.