Takeaways from the ABA Business Law Fall Meeting 2025
This weekend was the ABA Business Law Fall Meeting for this year! Here are some key takeaways.
Technology's Role in Legal Practice and Disputes
A major theme of the meeting was the rapid integration of technology into business law and dispute resolution. Legal professionals need to be well-versed in this area to stay competitive. Key sessions focused on:
- Panels explored how artificial intelligence is being used in arbitration, from managing data to predicting outcomes, and what this means for the future of dispute resolution.
- A dedicated CLE program addressed the legal challenges of using AI-generated evidence and expert testimony, specifically in the context of Daubert standards for the admissibility of scientific evidence.
- Discussions highlighted the legal implications of blockchain technology and smart contracts, including their role in secure transactions and the legal frameworks needed to govern them.
Cross-Border Legal and Regulatory Challenges
The meeting's location in Toronto underscored the growing importance of cross-border legal issues. Sessions provided practical insights into managing international business and litigation. Key areas of discussion included:
- Programs on mergers and acquisitions (M&A) focused on the specific legal and employment law pitfalls when dealing with US-Canada transactions, emphasizing that "same deal, different rules" applies.
- Panels addressed the risks and challenges of private international arbitration in an era of trade wars and geopolitical shifts, offering guidance on drafting arbitration clauses and enforcing awards across borders.
- A session delved into the complexities of cross-border securities investigations and parallel proceedings, comparing litigation practices in different jurisdictions, including the US and Canada.
Evolving Regulatory and Compliance Issues
The conference addressed the dynamic nature of business regulations, with a focus on new and changing rules that affect a wide range of industries. Noteworthy topics included:
- The meeting highlighted the need for companies to navigate Truth-in-Lending laws following the withdrawal of certain guidance. Panels also reviewed the legal and regulatory implications of Buy Now, Pay Later (BNPL) products and other point-of-sale financing.
- Attorneys discussed the evolving landscape of climate-related financial risk, including the impact of federal and state regulatory developments on financial institutions.
- A panel explored the "Cross-Border Sustainability and ESG Tango," examining how shifting US and Canadian standards on environmental, social, and governance (ESG) issues are reshaping corporate compliance and risk management strategies.
Corporate Governance and Ethics
Sessions dedicated to corporate governance and ethics provided essential guidance for both in-house and outside counsel. These discussions focused on maintaining high standards in a complex legal environment. Key highlights were:
- A panel celebrated the 75th anniversary of the Model Business Corporation Act, discussing its continued relevance and the key differences between it and Delaware corporate law.
- A program addressed the nuances of nominee directors' duties, contrasting legal obligations in Delaware with those in other jurisdictions.
- A presentation on "Ethically Aligning Corporate Functions" provided practical strategies for aligning compliance, finance, and the boardroom to strengthen corporate governance and mitigate enterprise risk.