July 08, 2025

SEC's Crypto Asset Guidance for Broker-Dealers and Transfer Agents—A Regulatory Turning Point: Client Alert Digest

In May 2025, the SEC’s Division of Trading and Markets, along with a separate statement by SEC Commissioner Peirce, released FAQs that provide long-awaited clarity on the regulatory treatment of crypto asset activities by broker-dealers and transfer agents. The FAQs withdraw prior guidance, provide new guidance relating to the Customer Protection Rule and Net Capital Rule treatment of crypto assets, SIPA coverage...

July 08, 2025

Let’s Settle This: Your Go-To Playbook for Wrapping Up Workplace Claims

Do you need guidance for negotiating and drafting a non-jurisdictional settlement agreement and release of claims for a single-plaintiff employment dispute? Use our newly published playbook, Settlement Agreement and Release of Claims for Single-Plaintiff Employment Dispute Playbook (Pro-employer) . Read now » Related Content ​ Settlement Agreements: Initial Assessment, Drafting, and Negotiating Techniques...

July 08, 2025

Laboratory Developed Tests

This practice note covers the development, regulation, and reimbursement of laboratory developed tests (LDTs), which are typically used when an FDA-approved test does not exist, when FDA-approved tests are limited in availability, or when available tests do not meet clinical needs. Read now » Related Content FDA Medical Devices Regulation Checklist Address medical device regulatory issues including the classification...

July 08, 2025

The Tax Edge in M&A Transactions

In the intricate world of M&A transactions, tax considerations often determine deal viability, structure optimization, and ultimate value creation. Navigate the complex landscape where strategic tax planning becomes your competitive advantage, transforming potential liabilities into deal accelerators. Discover how our expert analysis of tax implications in mergers and acquisitions provides actionable insights on structuring...

July 08, 2025

License Agreement Playbook for your Legal Team

Playbooks help attorneys review, draft, and negotiate contracts efficiently and consistently by comparing favored contract language with fallback language and providing drafting guidance and negotiation strategies. Check out our License Agreement Playbook for guidance in drafting an agreement in which the owner of commercial real estate is acting as the licensor. Read now » Related Content License Agreement...

July 08, 2025

The One Big Beautiful Bill Upends Inflation Reduction Act Energy Initiatives

Both the House and Senate versions of the One Big Beautiful Bill Act (OBBBA), passed by the House on May 22, 2025, and the Senate on July 1, 2025, phase out tax credits for wind, solar, and electric vehicle (EV) projects, rolling back incentives established under the 2022 Inflation Reduction Act (IRA). This move has been criticized for potentially undermining the U.S. renewable energy industry and increasing electricity...

July 08, 2025

Special Committees: The Unsung Heroes of Chapter 11

As companies face increased scrutiny over insider transactions and board decisions during bankruptcy, special committees composed of independent directors have become essential. These committees investigate questionable transactions, evaluate litigation claims, and make decisions that carry weight with courts and creditors. Check out this expertly drafted article on why special committees are a crucial tool in today's...

July 08, 2025

Master the Rules: Navigating Client Expectations in the OCG Era

Break down how to navigate and comply with Outside Counsel Guidelines (OCGs) with our new expert-authored practice note. OCGs are a critical tool clients use to manage risk, control costs, and drive accountability. From conflicts of interest policies to staffing, billing, and reporting protocols, this practice note offers practical strategies for aligning with client expectations and avoiding common pitfalls. With OCGs...

July 08, 2025

Cloud Computing Uncovered: Navigating Services, Deployment Models, and Legal Challenges in Outsourcing

Cloud computing is reshaping the outsourcing landscape—offering scalable, on-demand access to tech resources without the overhead of traditional infrastructure. This practice note breaks down the different service models, deployment methods, and legal risks, giving you the insight needed to structure smarter, more agile cloud deals. Whether you're negotiating your first agreement or refining your strategy, this...

July 08, 2025

Navigating Biometrics: Strategies to Mitigate Legal Risks

To get ahead of the compliance curve, companies must take proactive measures to establish adaptable biometrics compliance programs. This practice note discusses the legal issues regarding biometric data including the major types of biometric technologies, state and local laws governing the collection and use of biometric data, Federal Trade Commission enforcement actions, and how to mitigate legal risks when using biometric...

July 08, 2025

This Way or That? Executive Employment Agreement Playbook Leads You to the Right Direction

Choice is everything! Counsel should reference this pro-employer playbook to streamline negotiations and drafting or review of an executive employment agreement. This playbook offers negotiation and drafting tips for commonly negotiated provisions in employment agreements with executive employees. Customize the provisions as necessary to address client-specific issues and ensure your client's interests, as the employer...

July 08, 2025

Is Renewable Natural Gas the Way of the Future?

Most people think of renewables in terms of wind and solar power, with or without battery backup. But there’s a newer type of renewable energy that has come to the fore: renewable natural gas. Learn about renewable natural gas, how it’s created, and how it’s distributed. With subsidies for wind and solar possibly coming to an end, renewable natural gas might be the wave of the future. Read now »...

July 08, 2025

Market Insights: Asset-Based Lending Trends for 2024-25

Explore the evolving landscape of asset-based lending (ABL) facilities, including loan purposes, borrowing base structures, and financial covenant trends drawn from recent credit agreements. Read this new practice note highlighting how ABL structures are adapting to borrower needs and market conditions, with analysis from over 120 recent credit agreements. Read now » Related Content Reserve-Based Loans Read...

July 08, 2025

Financial Action Task Force Publishes New Anti-Money Laundering Guidance

The Financial Action Task Force (FATF) has released updated Anti-Money Laundering (AML) guidelines aimed at enhancing financial inclusion and reinforcing risk-based compliance frameworks to combat financial crime. The revised FATF guidance introduces amendments to customer due diligence requirements and strengthens transparency around beneficial ownership. Explore this MLex article offering analysis of the new AML measures...

July 08, 2025

Healthcare Law 101: A Resource Kit for Junior Attorneys

Have a new attorney joining your team? Gearing up to start your legal career? Check out this resource kit from Practical Guidance – Healthcare for links to key resources to help new healthcare attorneys with common healthcare law-related tasks. The resource kit includes links to detailed practice notes, videos, state law surveys, templates, checklists, charts, and articles on various statutes, regulations, agency...

July 08, 2025

Export Credit Insurance: Because Sometimes Your Buyer’s Government Is the Risk

Sure, you shipped the goods, but did you insure the revolution? Discover how export credit insurance provides the only policy where “acts of war” and “non-payment” are just Tuesday. Read now » Related Content Export Credit Insurance Fundamentals Checklist Follow the key elements of export credit insurance, a specialized type of commercial coverage purchased by exporters of goods and...

July 08, 2025

Signing with the Stars: Your Essential Checklist for Drafting a Celebrity Endorsement Agreement

Refer to this checklist for key guidance on negotiating and drafting a celebrity endorsement agreement. It outlines the key considerations including due diligence, intellectual property management, advertising law compliance, and the specific obligations of both the celebrity and the advertiser. The checklist also addresses important elements such as exclusivity, termination rights, and compliance with the Federal Trade...

July 01, 2025

Advance and Discount Factoring: Legal Distinctions and Structural Insights

Read this practice note discussing factoring transactions, the parties involved, and the reasons for factoring. This practice note specifically discusses the distinguishing features of advance and discount factoring agreements and details the typical structure and terms of these types of factoring arrangements, including the mechanics, flow of funds, advance rates, security, and recourse of the factor. Read now »...

July 01, 2025

No Cap: Expanding the Section 4960 Reach on Tax-Exempts under the One Big Beautiful Bill Act

Section 112020 of the “One Big Beautiful Bill Act” (OBBBA), House version, would expand the reach of the IRC § 4960 excise tax on compensation in excess of $1 million (equal to 21%, the corporate tax rate) paid to employees of an applicable tax-exempt organization (ATEO), removing the current cap that limits application to the five highest-compensated employees of the tax-exempt entity. The revised rule...

July 01, 2025

The Growing Role of Strategic Bitcoin Reserve and Digital Asset Stockpile in the United States: Client Alert Digest

The United States is establishing its first ever Bitcoin reserve and digital asset stockpile, driving monetary innovation and efforts to diversify reserves beyond traditional fiat and gold. The GENIUS Act, which passed the Senate on June 17, 2025, establishes a federal framework for stablecoins. Together, these milestones signal America’s strategic push to lead global monetary innovation and shape the future of...

July 01, 2025

Unlock the Power of a Well-Negotiated Business Associate Agreement

Check out this playbook from Practical Guidance – Healthcare that provides guidance for negotiating an agreement between a Covered Entity subject to HIPAA and a third-party service provider that will handle protected health information on behalf of the Covered Entity (a “Business Associate”). The playbook is drafted in accordance with HIPAA requirements and includes guidance, drafting notes, and alternate...

July 01, 2025

The Long Tail Bites Back: When Old Policies Haunt New Problems

Discover how nothing says “legacy risk” like a 1972 occurrence clause. Read now » Related Content Environmental Liability Coverage and Exclusions under Commercial General Liability (CGL) Policies Explore critical environmental liability coverage issues and related pollution exclusions under CGL insurance policies; analysis extends to primary, excess, and umbrella policies, which have the same...

July 01, 2025

Double Trouble: Mastering Double Patenting Rejections

Double patenting rejections can derail your client’s patent strategy. Read this practice note to learn about statutory and non-statutory double patenting rejections, how to identify them, and strategic response options to overcome or avoid them. Get expert insights into key distinctions, from terminal disclaimers to restriction practice under 35 U.S.C. § 121, and discover how to protect your clients' innovations...

July 01, 2025

From Inbox to Incident: Avoid Cybersecurity Crises with Our Workplace Training Presentation

Do you need to educate employers and employees on cybersecurity and the risks associated with online and email communications in the workplace? Use our newly published Cybersecurity, Online, and Email Risks in the Workplace: Training Presentation by Carlos Colon-Machargo of Ogletree Deakins. Read now » Related Content ​ Cybersecurity Resource Kit Access a variety of Practical Guidance resources addressing...

July 01, 2025

Responding to FDA Form 483 Inspectional Observations

Check out this video discussing best practices for responding to FDA Form 483 inspectional observations. Watch now » Related Content Life Sciences FDA Matters Representation and Warranty Clause Use this template to start drafting a compliance representation clause that the target has conducted its business in accordance with a series of specific laws, rules, and regulations governing the pharmaceutical industry...