United States: Contracts and Commercial Law

The Federal Trade Commission's Bureau of Consumer Protection has launched a new program allowing businesses and stakeholders to formally identify ambiguities, conflicts, and problems within FTC consumer protection rules. This mechanism provides an unprecedented opportunity for regulated entities to challenge regulatory provisions that may be unclear, outdated, or inconsistent with other legal requirements.

Maryland has amended its franchise registration and disclosure law with changes taking effect October 1, 2026. The amendments extend enforcement authority, expand franchisee claims periods, clarify jurisdictional scope, establish franchisee association rights, and codify a fast-track renewal program for franchise disclosure documents.

Florida's new Section 489.1295 establishes licensing consequences for contractors who fail to timely pay subcontractors and suppliers, effective July 1, 2026. The statute creates disciplinary exposure for knowingly or willfully withholding payment, though it includes important exceptions for bona fide disputes and contractual payment terms. Contractors must now navigate potential license sanctions including fines up to $10,000, suspension, or revocation when payment disputes arise.

A company trying to register a trademark sometimes encounters an unusual situation: the owner of the trademark cited against its application does not object to the registration, but the United States Patent and Trademark Office still does.

Asset-based lending against in-transit inventory presents unique legal challenges as lenders navigate UCC Article 7 requirements, negotiable documents of title, and the emerging landscape of electronic bills of lading. This analysis examines how ABL lenders can structure security interests to protect their position when goods are moving through the supply chain, from traditional paper documentation to modern electronic platforms.

Electric generation projects rarely get built, let alone financed, without a long-term contract locking in revenue. That contract, referred to as an offtake agreement, determines whether a project can attract limited-recourse debt and whether investors are willing to commit capital to construction.

Kelley Drye's advertising law team shares highlights from their summer activities, upcoming webinars on robocall enforcement, recent attorney recognitions, and the latest developments in influencer marketing, surveillance pricing, and AI advertising regulations. The newsletter provides insights into emerging legal challenges facing businesses in consumer protection and data privacy.

More than three decades ago, when New York enacted the Limited Liability Company Law, some believed the partnership might go the way of the dodo. But still, we regularly encounter and write about noteworthy partnership business divorce decisions.

Remote work and digital file transfers have made it easier than ever for employees to walk out with your most valuable business information. With non-compete agreements declining and jury verdicts in trade secret cases reaching hundreds of millions of dollars, North Carolina businesses face urgent questions about protecting proprietary information in the modern workplace. What qualifies as a trade secret under federal and state law, and how can companies safeguard their competitive advantage when traditiona