April 29, 2025

Harvard's Tax-Exempt Tango: When Academia Meets the IRS Two-Step

Harvard University’s tax-exempt status has been questioned by the Trump Administration—with Harvard responding that there is no legal basis for a revocation. The Administration’s action impacting Harvard flows from its letter on policy changes at the university and a post on President Trump’s Truth Social platform. In Executive Order 14235 , issued on March 7, Trump directs the Secretary of Education...

April 29, 2025

Benchmarking Programs for Increasing Energy Efficiency

Many states are implementing energy benchmarking programs to track and identify energy use in buildings. These programs aim to encourage energy efficiency and reduce greenhouse gas emissions. Check out this energy use reporting and disclosure clause for California commercial purchase transactions. Read now » Related Content Environmental Considerations in Real Estate Transactions Resource Kit Access this...

April 29, 2025

Safeguarding Success: A Guide to M&A Confidentiality Agreements

When engaging in M&A discussions, parties should prioritize rigorous confidentiality measures to protect sensitive business information. Our new confidentiality agreement playbook offers valuable insights into managing proprietary information risks while facilitating necessary due diligence in high-stakes M&A transactions. Explore how these strategic protections can help you maintain control over sensitive business...

April 29, 2025

Institutional Review Boards

This practice note discusses Institutional Review Boards (IRBs) within the United States, including their purpose, history, and regulatory framework. The note is a valuable resource for advising life sciences and healthcare clients on IRB-related matters and ensuring compliance with federal regulations and ethical standards. Read now » Related Content Institutional Review Board (IRB) Formation, Organization...

April 29, 2025

Tip of the Morning to You: Read Our New FLSA Checklist on Tipped Employees

Do you need guidance on tipped employee requirements under the Fair Labor Standards Act (FLSA)? Read our newly published checklist, Tipped Employees Checklist (FLSA) , for helpful information. Read now » Related Content ​ Tipped Employees: Best Payment Practices and Notice Requirements Learn about tip credit, tip pools, tip credit notice requirements, and tips paid on credit cards under the FLSA. Tip Credit...

April 29, 2025

Crowned Compensation: Determining Royalty Damages in Patent Litigation

Gain unparalleled insights into calculating reasonable royalties with our latest practice note—a must-read for any attorney handling patent litigation damages. This concise, practical guide explores the application of the Georgia-Pacific factors, effective apportionment, and key comparability analyses to help you build a robust damages strategy. Discover actionable methods for aligning technical expertise with economic...

April 29, 2025

To Indemnify or Not to Indemnify—That is the Statute: Anti-Indemnity Statute State Law Survey

Do a deep dive into laws across the 50 states and the District of Columbia to find out whether a jurisdiction has adopted anti-indemnity legislation and discover the scope of each statute. Includes a map visualizing whether each state has an anti-indemnity statute prohibiting owners or contractors from being indemnified against claims and losses resulting from their own negligent acts. Read now » Related Content...

April 29, 2025

Compliance Cure: The Ultimate Checklist for Providers

Check out this checklist from Practical Guidance – Healthcare to guide you through key legal and business considerations that healthcare providers, including group practices, hospitals, and healthcare systems, need to keep in mind when building a compliance program. Read now » Related Content Compliance Plan Creation Open up this practice note to find actionable steps companies can take to develop...

April 29, 2025

Privacy Requirements for Financial Institutions

Since January 1, 2025, there have been significant developments related to federal privacy laws and regulations affecting financial institutions, particularly concerning the Gramm-Leach-Bliley Act (GLBA) and the Right to Financial Privacy Act (RFPA).​ Recent breach reports, including the widely reported February OCC breach , underscore vulnerabilities in data security, prompting increased scrutiny of compliance measures...

April 29, 2025

Credit Crunch: Navigating the Path to Acquisition Approval

Review this practice note providing a step-by-step guide for determining if a borrower or other loan party may make an acquisition under an existing credit agreement—whether it involves acquiring equity interests, a new subsidiary, a business unit, or a hard asset. The practice note explains how to conduct the analysis, highlighting the documents to review and the provisions to focus on. Don’t miss out on...

April 29, 2025

Unlike When you Were a Kid, Batteries are Increasingly Included

The fact is that renewable energy is viewed as an intermittent source of power because the sun is not always shining, and the wind is not always blowing. However, what happens when you add battery backup to the renewable energy mix? That is what some states are now requiring for all new commercial buildings. Review our “Construction Issues in Energy Storage” practice note to help your clients understand the...

April 29, 2025

Be Careful with That! Cybersecurity Precautions in Administering Employee Benefit Plans

In late February, six class actions were filed against The Pension Specialists Ltd (Pension Specialists) in an Illinois district court over a data breach of personal and sensitive information retained by Pension Specialists on behalf of plan participants and the retirement plan sponsors who retained Pension Specialists as their third-party plan recordkeeper. In addition to ERISA claims, plaintiffs pursued various federal...

April 29, 2025

Navigating Vendor Privacy Risks: Essential Strategies for Compliance with U.S. State Laws

Check out the legal requirements and best practices for mitigating third party / vendor risks to consumers' privacy or security by ensuring that vendor contracts involving personal data processing comply with U.S. state privacy laws. Read now » Related Content Third-Party Vendor Data Privacy Risk Management Checklist Learn best practices for ensuring that vendor contracts comply with the U.S. state comprehensive...

April 29, 2025

Crafting Success: Essential Tips for Drafting Outsourcing Master Services Agreements

Explore the critical aspects of crafting an outsourcing master services agreement. Understand how to effectively structure agreements, handle deviations, and manage key elements such as service levels, compliance, and intellectual property to foster successful outsourcing relationships. Read now » Related Content Outsourcing Considerations and Planning Discover the decision-making process behind outsourcing...

April 29, 2025

Market Trends 2024/25: Disclosure on Political Contributions

Companies tend to disclose their political contributions in the Management Discussion & Analysis (MD&A) section, Business section, and Risk Factors section of their periodic reports. Although there is no explicit regulatory requirement to make such disclosures, shareholder pressure commonly influences public companies to do so. Read this practice note for examples of recent disclosures and tips for making disclosures...

April 29, 2025

Your Essential Guide to 2025's Legal Battles Over Trump's Executive Actions

Stay informed with our comprehensive tracker that meticulously documents legal challenges to the current administration’s executive orders. This resource is updated at least weekly to ensure you have the most current information at your fingertips. Whether you're analyzing trends or preparing for cases, this tracker is an invaluable tool for staying ahead in the ever-evolving legal landscape. Read now »...

April 29, 2025

Second Circuit Plays 'Lease or No Lease’

In a recent decision, the U.S. Court of Appeals for the Second Circuit tackled the issue of distinguishing true leases from financing arrangements in bankruptcy proceedings. The case revolved around whether a shopping center lease was a bona fide lease or a disguised financing arrangement. Check out this expertly drafted article discussing the decision. Read now » Related Content Assumption, Assignment,...

April 22, 2025

What’s Your Taxable Income—If You Don’t Mind My Asking? Computing Taxable Income for Partnerships

The most prominent tax characteristic of a partnership or LLC is that these entities are flow-through entities for tax purposes. Consequently, the entities do not pay taxes themselves. Rather, they report to the IRS their income and the partners' or members' distributive shares of this income. who then pay their appropriate share of taxes, if any, on their own tax returns. But while partnerships and LLCs are not...

April 22, 2025

New Hotel and Hospitality Property Resource Kit

Hotel and hospitality acquisitions generally include additional operational concerns such as employee transitions, food and beverage operations, inventory, and guest baggage turnover, as well as franchise relationships. Check out our new resource kit for more information and links to Practical Guidance content focused on acquisition, ownership, and financing of hotel and other hospitality properties. Read now »...

April 22, 2025

Market Trends H2 2024: Fraud Carve-Outs in Private Target Deals

When drafting and negotiating an acquisition agreement, counsel should address potential issues arising from allegations of fraud to avoid potentially complex, time-consuming, and costly disputes after an acquisition agreement is signed. This new market trends practice note highlights the critical role of defining fraud to mitigate post-signing disputes and examines the interplay of fraud carve-outs with key contractual...

April 22, 2025

Federal 340B Prescription Drug Discount Program

Understand the prescription drug discount program established under Public Health Service Act Section 340B. Read now » Related Content Life Sciences Post-Closing Price Reporting Covenant Clause Use this template clause to comply with price reporting rules that a target may be subject to as a participant in government sponsored health care programs such as Medicare or Medicaid. Practical Guidance Updates...

April 22, 2025

Employees Shouldn’t Be Bot-thered: States Seek to Protect Them from AI Discrimination

Do you need to understand how states are trying to protect employees from algorithmic and artificial intelligence (AI) discrimination? Read our newly published article, States Passing Laws to Prevent AI Discrimination in Workplace , by Brian Joseph, StateNet Correspondent. Read now » Related Content Generative Artificial Intelligence (AI) Resource Kit Access current guidance on generative AI, including with...

April 22, 2025

Faux Real: Deepfakes Meet IP Law

Read this practice note explaining key IP issues associated with deepfakes, including potential claims under copyright, trademark, right of publicity, and tort law. Understand the current legislative and regulatory landscape as well as jurisdictional differences. Deepfakes, powered by rapidly advancing artificial intelligence (AI), create highly realistic and deceptive media. This note provides valuable insights into...

April 22, 2025

Come Ride the Little Train Rolling Down the Tracks: Railroad Claims and Coverage State Law Survey

Do a deep dive into laws across the 50 U.S. states, the District of Columbia, and Puerto Rico on the construction, operation, and maintenance of electric, street, and industrial railroad lines. Read now » Related Content Transportation Service Providers Logistics Examine the role of transportation logistics service providers in the commercial supply chain, including transporting products and materials through...

April 22, 2025

ACO-untable Care: Exploring ACOs in Healthcare.

Check out this practice note from Practical Guidance – Healthcare for an overview of Accountable Care Organizations (ACOs), including a discussion of the basic eligibility requirements for ACOs seeking to participate in the Medicare Shared Savings Program (MSSP). The practice note will assist attorneys representing healthcare organizations, including doctors, hospitals, and other healthcare providers, that are part...