United States: Contracts and Commercial Law

The imposition of widespread tariffs under the International Emergency Economic Powers Act (“IEEPA”) fundamentally altered the M&A landscape over the past year—affecting deal valuations...

Commercial email marketing presents significant legal challenges under federal and state regulations. Understanding the Federal CAN-SPAM Act's requirements for truthful headers, opt-out mechanisms, and proper identification, alongside state-specific laws like California's Section 17529.5, is essential for organizations seeking to minimize litigation risks while maintaining effective marketing campaigns.

The Y Combinator SAFE was designed for pre-seed companies with simple cap tables, but what happens when investors are asked to use this standard form after a priced round has already closed? This analysis reveals why the instrument's design assumptions quietly break down in post-seed contexts, creating ambiguities that translate into litigation risk and economic leakage for both investors and companies.

Connect with Louis Lehot and Mark Grundvig, experienced legal professionals at Foley, to discuss your business needs.

Business owners contemplating the sale of their privately held company face numerous strategic and procedural questions. This comprehensive guidebook walks through the private company...

On April 30, 2026, President Trump signed an Executive Order (EO) titled “Promoting Efficiency, Accountability, and Performance in Federal Contracting,” directing executive branch agencies to make fixed-price contracts the default and preferred method of federal procurement. But the EO not only establishes a priority for fixed-price contracts; it mandates renegotiation of the 10 largest existing cost-type contracts at each agency within 90 days.

When hiring creators to develop copyrighted works for your business, understanding the critical differences between assignments, licenses, and work-for-hire agreements can mean the difference between owning...

On May 5, 2026, the Securities and Exchange Commission (the “SEC”) issued a 279-page proposed rule that would allow eligible domestic reporting companies to replace quarterly...

California Attorney General Rob Bonta has launched aggressive enforcement actions against private equity-backed healthcare entities, challenging the structural foundations of the MSO-PC model through both an amicus brief and a major settlement.