Business Risk Management

Chicago companies can cut vendor contract risk by up to three major levers: a tight indemnity, proof-based insurance requirements, and a realistic limitation of liability clause. Illinois law enforces these terms differently depending on drafting, industry (construction vs. services), and public policy limits. This article explains how Chicago businesses and counsel can structure these clauses, […]

Texas non-competes remain enforceable in 2026 if they meet the Texas Covenants Not to Compete Act’s requirements—despite the FTC’s 2024 attempted nationwide ban. The federal rule was challenged immediately, and Texas employers still primarily rely on state law and recent case guidance. This article explains how to draft an enforceable Texas non-compete after the FTC […]

California Civil Code § 2778 supplies 7 default rules that courts read into most indemnity provisions unless your SaaS contract clearly states otherwise. For California-facing SaaS vendors and enterprise customers, these defaults can unexpectedly expand the defense duty and shift control of litigation. This article explains how to draft an indemnification clause that aligns with […]

Texas non-compete agreements are enforceable only if they are ancillary to an otherwise enforceable agreement and contain reasonable limits on time, geography, and scope under Tex. Bus. & Com. Code § 15.50. Small businesses use them to protect customer relationships, confidential know-how, and key employees without risking an invalid, overbroad contract. This 2026 update explains […]

Most startups can challenge a patent troll suit early by targeting the troll’s standing and demanding proof of patent ownership and enforcement rights—often forcing dismissal or a quick, cheaper settlement. Because many non-practicing entities sue through shell LLCs and incomplete assignments, they may lack the documentation needed to proceed. This article explains the standing-based “patent […]

Small businesses can face I‑9 paperwork penalties of hundreds to thousands of dollars per form, plus higher fines and potential criminal exposure for knowingly hiring unauthorized workers. With ICE audits increasing and enforcement rules updated, even minor technical errors can trigger costly inspections and disruption. This article explains the newest I‑9 audit rules, common audit […]

Many employers are ramping up I‑9 audits because ICE worksite enforcement and penalties for I‑9 paperwork violations can be significant—often hundreds to thousands of dollars per form—making noncompliance a costly risk. Recent enforcement trends, internal compliance programs, mergers, and remote‑work onboarding gaps are also prompting companies to review Form I‑9 records. This article explains what’s […]

A single missing AI disclosure—clearly telling users they’re interacting with AI—can trigger class-action exposure with statutory damages that can reach $1,000 per violation under some laws. Plaintiffs use the lack of notice to argue deceptive practices and seek class-wide relief. This article explains the disclosure language, where it must appear, and how to reduce litigation […]