Welcome to the latest issue of our news summary of legal issues potentially affecting our friends an contacts throughout Latin America with operations or investments in the United States. In this issue we cover our upcoming events as well as thought leadership from practice areas such as Digital Assets and Banking Regulatory, Capital Markets, Litigation, New York Real Estate law, and Cannabis law.
Carter Ledyard at International Bar Association Conferences in March of 2026
Members of our Latin-America Cross-Border Practice will be attending the IBA Mergers and Acquisitions in Latin America Conference taking place on March 23-25 in Punta del Este, Uruguay.
Enactment of the Digital Assets Amendments to the New York Uniform Commercial Code
New York has joined 33 other states and the District of Columbia in enacting amendments to the Uniform Commercial Code promulgated by the Uniform Law Commission (the "ULC") in 2022 (the "Amendments") principally to address digital assets – "controllable electronic records" as defined in the Amendments. The effective date of the Amendments in New York is June 3, 2026. Parties should begin now to address the impact of the Amendments on their transactions since, after one year from the effective date (June 3, 2027), the Amendments will apply to preexisting transactions.
Foreign Private Issuers Must Report All Insider Trades (Section 16(a)) March 2026
A substantial undertaking for FPIs is about to take effect. The amendments to Section 16 will become effective on March 18, 2026. Foreign private issuers will be required to comply with Section 16(a), marking a significant shift in the regulatory landscape. The article examines the scope of the reporting requirement, who is covered, and the practical implications for issuers and insiders navigating U.S. securities compliance.
New York's Enactment of the Uniform Special Deposits Act Effective January 1, 2026
On January 1, 2026 New York's enactment of the Uniform Special Deposits Act (the "Act") promulgated by the Uniform Law Commission, codified as Sections 680 to 680-p of new Article XIII-F of the Banking Law, became effective.
New York's Anti-SLAPP Act: An Unnecessary Chill on the First Amendment Right to Petition
Writing for the New York Law Journal, Alan S. Lewis and Madelyn K. White examine how New York's amended Anti-SLAPP Act, originally intended to deter frivolous lawsuits, has instead created significant barriers for individuals bringing good-faith defamation claims. The authors analyze how heightened fault standards, automatic discovery stays, mandatory fee-shifting, and an expanded definition of public interest can chill the First Amendment right to petition the courts, often favoring well-resourced institutional defendants over private plaintiffs.
RPAPL 881 Rewritten: What Property Owners and Developers Need to Know
In high-density places like New York City, property owners often cannot make repairs or improvements to their property without access to their neighbor's land. On December 5, 2025, Governor Hochul signed into law major amendments to Section 881 of the Real Property Actions and Proceedings Law ("RPAPL")—the law that gives owners seeking to develop their land a right to petition the court to compel access to their neighbor's property. Developers will likely welcome the new legislation. The new Section 881 is considerably longer and more detailed than its predecessor. The amendments codify and make clearer many of the rules that courts had developed in deciding individual cases, and the amendments resolve certain questions that had divided the courts.
As federal cannabis policy shows renewed signs of movement, the broader legal landscape is becoming more complex. Writing for Thomson Reuters and Westlaw Today, Alexander Malyshev and Sarah Ganley examine the competing forces shaping the industry, including President Trump's directive to fast-track rescheduling under the Controlled Substances Act, and intensified enforcement against intoxicating hemp products and mounting constitutional scrutiny of state licensing regimes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
