Section Newsletters

Articles on Business & Securities Law

Enhancements to the Wells Process in SEC Enforcement By Junaid Zubairi, Brooke Conner, & Paris Mayfield Business and Securities Law, February 2026 Since assuming the top leadership role of the Securities and Exchange Commission in April 2025, Chairman Paul S. Atkins has focused on instituting various reforms and enhancements to the Commission’s policies and practices, with a focus on the role of the “Wells process” in enforcement matters, describing the Wells process as an extension of due process and fundamental constitutional rights.
Philip N. Hablutzel, 1935-2026 Business and Securities Law, February 2026 In memory of Philip N. Hablutzel, a dedicated husband, father, and attorney who served in various capacities throughout his life. 
Securities Regulations By Christopher Barrett & Jordan Mulevicz McMath Business and Securities Law, February 2026 On December 4, 2025, the Securities and Exchange Commission’s Investor Advisory Committee published its recommendation that the SEC consider adopting Artificial Intelligence disclosure rules, noting the benefits of a standardized “materiality-informed” disclosure framework that reflects the impact of AI on a company’s growth and financial results, as well as the barriers to and risks of adoption. 
Legal and Regulatory Issues That Corporate Law Departments Should Monitor During the Remainder of 2025 By Junaid Zubairi, Brooke Conner, & Paris Mayfield Business and Securities Law, July 2025 This article explores the guidance from key government agencies, including the Securities and Exchange Commission (SEC), the Public Company Accounting Oversight Board (PCAOB), and the Department of Justice (DOJ), on what corporate law departments can expect for the rest of the year.
Legal and Regulatory Issues That Corporate Law Departments Should Monitor During the Remainder of 2025 By Junaid Zubairi, Brooke Conner, & Paris Mayfield Corporate Law Departments, July 2025 This article explores the guidance from key government agencies, including the Securities and Exchange Commission (SEC), the Public Company Accounting Oversight Board (PCAOB), and the Department of Justice (DOJ), on what corporate law departments can expect for the rest of the year.
Recent Amendments to the Illinois Biometric Information Privacy Act By Nikhil A. Mehta Commercial Banking, Collections, and Bankruptcy, July 2025 The recent amendments bring significant changes, particularly with respect to liability and consent procedures, which will impact businesses, privacy advocates, and legal professionals alike. The amendments are codified in Illinois Public Act 103-0666. 
A Note by Any Other Name, or What Is a “Security” By Christopher C. Kendall Business and Securities Law, February 2025 An analysis of the 3rd District Appellate Court case, Stukel v. Rowe, where the plaintiff alleged that the promissory note was a “security” under the Illinois Securities Law and that the defendant had acted as a salesperson in connection with the sale. Plaintiff’s theory was that the promissory note was indeed a security because repayment of the loan was “contingent upon the completion of” a construction project for which the loan was provided. 
Recent Amendments to the Illinois Biometric Information Privacy Act By Nikhil A. Mehta Business and Securities Law, February 2025 The recent amendments bring significant changes, particularly with respect to liability and consent procedures, which will impact businesses, privacy advocates, and legal professionals alike. The amendments are codified in Illinois Public Act 103-0666. 
Third Circuit Embraces De Novo Review of Demand Futility Dismissals, Overruling Prior Precedent and Joining Delaware Supreme Court and Other Circuits By Jay R. Schleppenbach Business and Securities Law, February 2025 For decades, courts have dismissed derivative suits for failure to properly allege demand futility. But for almost as long, the standard of review appellate courts should apply to such dismissals has been in flux, with courts seeming to gradually move from an abuse of discretion standard to de novo review. Recently, in In re Cognizant, the United States Court of Appeals for the Third Circuit became the latest court to adopt de novo review, overruling its prior precedents.

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