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February 20, 2024

Partnering with In-house Counsel on Insurance Defense Matters

Working with in-house counsel? Our expert authors have a new practice note for you on partnering with in-house counsel on insurance defense matters. Make sure to consult it if you are representing a corporate entity where insurance coverage is available. Check out this guidance by clicking the link below. Read now » Related Content Partnering with In-House Counsel on Positioning Claims for Settlement Consider...

February 20, 2024

Here’s Some Travel Money, but Don’t Keep the Change

Completing your employer’s business travel reimbursement form isn’t a fun task—but think of the alternatives. Failing to do so naturally means you won’t get reimbursed. But what if your employer advances you the money instead? Failing to account for that in a reasonable amount of time can mean that the reimbursement is treated like wages. You wouldn’t want that either. Take a look at the...

February 20, 2024

New State Law Comparison Tool Topic: Manufactured Homes

Practical Guidance’s State Law Comparison Tool (SLCT) provides a way to compare laws on many topics, including our newest topic, manufactured homes. Access our SLCT and generate a quick report on manufactured home laws across multiple states! See the Related Content section below for manufactured homes practice notes for some of the jurisdictions we have in Practical Guidance. Read now » Related Content...

February 20, 2024

Prevent Exposure with Disclosure: Preparing Schedules to Acquisition Agreements

Disclosure schedules are a vital component of the acquisition agreement documenting the purchase and sale of a company. They play a pivotal role in the due diligence process and serve as a mechanism facilitating the allocation of risk between the parties. Considered part of, and incorporated by reference into, the acquisition agreement, disclosure schedules work in tandem with the representations and warranties, uncovering...

February 20, 2024

Settle Down or Up: See Our Private Market Discrimination Settlement Analysis

Are you interested in trends concerning settlements resolving employment discrimination, harassment, and retaliation claims in 2022 and 2023? Read our Market Intelligence: Labor & Employment Insights Revealed in the Practical Guidance Private Market Data Survey. Read now » Related Content Settlement Agreements: Initial Assessment, Drafting, and Negotiating Techniques (Pro-Employer) Understand material...

February 20, 2024

Whose Patent Venue Is It Anyway?

Check out these data-driven analytics to help you compare four of the most popular district courts for filing patent infringement complaints, based on each court’s overall experience with patent cases as well as recent motion to dismiss and motion for summary judgment outcomes. Read now » Related Content Venue Rules and Practice for Patent Infringement Litigation Learn how to establish proper venue...

February 20, 2024

Getting Out of Dodge: Guiding Insurers on Withdrawing from California

Analyze the market-driven, climate-related, and regulatory reasons for insurers' flight from California. Read now » Related Content The Impact of Climate Change on Workers and Employers: The California Experience Gain insight from the Hon. Susan V. Hamilton on how climate change is relevant to work and workers’ compensation, the more direct impact of climate change upon California workers, and...

February 20, 2024

GINA Compliance for Welfare Plan Sponsors

Advise your clients on compliance issues under the Genetic Information Nondiscrimination Act of 2008 (GINA), Pub. L. No. 110-233, for employer welfare plans, specifically group health plans and wellness programs. Ensure individuals are protected against discrimination in health insurance coverage and employment based on their genetic information. Get up to speed on key definitions and concepts under GINA, review the prohibitions...

February 20, 2024

U.S. Agencies Issue Principles for Climate-related Financial Risk Management

Recent interagency guidance provides a framework for the risk management of climate-related financial risks for large financial institutions with over $100 billion in total consolidated assets. Explore this article addressing the federal banking agencies’ six key principles and recommendations to address climate-related financial risks for large financial institutions. Read now » Related Content Climate...

February 20, 2024

The ABCs of SLLs

Review this new practice note discussing recent market trends in publicly-filed sustainability-linked loans (SLL). SLL provisions provide an incentive to borrowers (generally in the form of lower interest rates) for hitting predefined green targets, such as decreasing greenhouse gas emissions, as part of an overall environmental, social, and corporate governance program. Read now » Related Content Environmental...

February 20, 2024

Solar Law Court Rulings Tracker Allows You to Stay Ahead of the Litigation Curve

Litigation involving prospective solar farm developments isn’t new—especially as solar projects get smaller and move to the community and local level. But litigation claims and tactics in those matters are constantly shifting, and are often based on local zoning and other ordinances. Stay ahead of the litigation curve by reviewing our solar law court rulings tracker, which covers recent nationwide court opinions...

February 20, 2024

Testing-Testing 1, 2, 3: ADP/ACP Testing is Still a Thing!

All qualified plans, including 401(k) plans, must comply with the nondiscrimination standards of the Internal Revenue Code which prohibit discrimination, in benefits or contributions, in favor of highly compensated employees. 401(k) plans have a special nondiscrimination test, prohibiting the highly compensated group from getting (or making) greater contributions (usually by percentages) in elective contributions, matching...

February 20, 2024

New! Artificial Intelligence Legislation Tracker (2024)

Stay in touch with legislative trends in artificial intelligence (AI) with this tracker, including state and federal legislation related to the use of AI proposed after January 1, 2024, or proposed in 2023 with activity in 2024. Read now » Related Content Generative Artificial Intelligence (AI) Resource Kit Check out our current Practical Guidance content on generative AI, organized by practice area and...

February 20, 2024

Have You Reached your (Liability) Limit?

Check out this short video to learn more about important terms and considerations counsel should address when drafting or negotiating a limitation of liability clause in a commercial agreement. Watch now » Related Content Indemnification Provisions in Commercial Contracts Read about the use of indemnification provisions as a risk allocation tool in commercial contracts. Indemnification and Limitation...

February 20, 2024

Due Diligence for Securities Offerings Resource Kit

The due diligence process is a long, detailed, and critical part of conducting an offering. Diligence counsel must surface all material information via requests, interviews, and a considerable amount of document review. Use this resource kit to surface templates, checklists, practice notes, and more to help you plan, perform, and draft documents for the due diligence part of a securities offering. Read now » ...

February 20, 2024

Take a Trip Back in Time to 2023!

As we tackle this new year, we should remember the not-so-distant past of 2023. Check out this expertly drafted article looking back on 2023 bankruptcy cases and notable bankruptcy rulings. Read now » Related Content Cure and Reinstatement of Defaulted Loan Under Chapter 11 Plan Requires Payment of Default-Rate Interest Read this article about a recent bankruptcy case addressing the rate of interest to cure...

February 13, 2024

Come to an Agreement: Benefits of U.S. Income Tax Treaties with Foreign Governments

The United States has signed income tax treaties/income tax conventions with nearly 70 countries. Tax treaties allow U.S. citizens (and sometimes residents) to be taxed at either reduced income tax rates or exempt from taxation altogether on specified income items sourced to the other treaty signator. For example, these treaties typically exempt from taxation in the host country compensation earned by a citizen or resident...

February 13, 2024

What’s the Difference between a Commitment and a Title Policy?

Title insurance companies provide a “commitment” specifying the title policy terms and conditions they will issue to an insured. A commitment assures purchasers and lenders of the future title policy they will receive for the pending real property acquisition. Click below for a sample commitment for title insurance. Read now » Related Content Title Insurance Checklist (Owner's Policy Requirements...

February 13, 2024

When Trustees Attack: Fraudulent Conveyance Actions in Private Equity

Fraudulent conveyance actions in bankruptcy often involve large amounts of money and are fought by sophisticated litigants and lawyers before experienced jurists, exposing private equity sponsors and lenders to risk of litigation and loss. A leveraged buyout transaction which results in the purchaser operating a company that is overleveraged, and which has no reasonable prospect of surviving for long, can be held a fraudulent...

February 13, 2024

You Can’t Guarantee Love, but a Parent Can Guarantee an Affiliate’s Obligations

There are no binding guarantees or third party obligations without an obligor expressly granting such guarantee for another party’s obligations. In M&A transactions, a party may require that a parent company enter into a limited guaranty to guarantee a parent affiliate’s payment for a number of reasons, including (1) when the purchaser party to the acquisition agreement is a newly formed acquisition entity...

February 13, 2024

Monitor FDA Warning Letters and Assess Your Client’s Risk

Bookmark the FDA Warning Letters Tracker, set an Alert, and Stay Informed! Review FDA warning letters issued by the FDA for violations (or potential violations) of the FDCA, FDA regulations, or agency guidance by industry competitors, and identify FDA enforcement trends affecting your clients. Read now » Related Content FDA Warning Letters Video Watch this video featuring Cori Annapolen Goldberg from Reed...

February 13, 2024

Don’t be Aggrieved about Grievances, Watch our New Collective Bargaining Grievance Video

Do you need to understand best practices for administering a collective bargaining grievance procedure? Watch this collective bargaining agreement grievance procedures video by David Pryzbylski of Barnes & Thornburg, LLP. Watch now » Related Content Grievance Procedures under CBAs: Key Considerations Learn best practices in negotiating grievance provisions in collective bargaining agreements. Good...

February 13, 2024

Patent Claims: Drafting Software and Computerized Method Claims

Become familiar with best practices for drafting patent claims to software and computerized method inventions in U.S. utility patent applications. With careful claim drafting, you can minimize the chances of a Section 101 rejection and increase the likelihood of overcoming any Section 101 rejection if you have the appropriate substance and language in the claims and written description to support a rebuttal. Read now...

February 13, 2024

Predicting the Odds: Credit Scoring for Insurance

Learn about reform measures and other credit scoring issues for insurers and policyholders, especially individuals seeking gender affirming care. Read now » Related Content Insurance Underwriting and Rate-making State Law Survey Take a deep dive into provisions across the 50 U.S. states, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands for rating processes and organizations used by insurance...

February 13, 2024

Home Health Agency Licensing: State Law Requirements

Rely on Practical Guidance – Healthcare’s State Law Comparison Tool (SLCT) to access state statutes and regulations that govern home health agency licensing. Compare requirements across all 50 U.S. states and the District of Columbia. Quickly download information regarding ownership and management criteria, medical staff availability mandates, and certificate of need and inspection requirements. Advise healthcare...