May 28, 2025

In the Eyes of the Beholder: The “One, Big, Beautiful Bill Act”

Working with the Energy and Commerce and the Agriculture Committees, the U.S. House of Representatives’ Ways and Means Committee advanced its portion of the “One, Big, Beautiful Bill Act” on May 15. The Energy and Commerce and Agriculture Committees have done the same. The House Budget Committee, initially voted down the bill by a vote of 21-16, but passed the bill the next day by a vote of 17-16. The...

May 28, 2025

Navigating Housing Development Projects

As housing shortages increase, real estate developers are undertaking projects to meet the demand in many parts of the country. Explore this practice note discussing special protections and benefits for housing development projects in California, focusing on the California Housing Accountability Act (HAA). See the Related Content section below for additional guidance on topics related to housing development in California...

May 28, 2025

Strategic Earn-Out Structures: Balancing Immediate Gains and Deferred Risks in M&A

In today’s M&A landscape, earn-out arrangements offer a way to link a portion of the deal’s value to future performance, benefiting both buyers and sellers. However, without clearly defined metrics and robust dispute resolution measures, these provisions can lead to contentious post-closing conflicts. It’s essential for legal professionals to fully understand these earn-out parameters and the distinct...

May 28, 2025

Pharmaceutical Pricing and Antitrust Liability Concerns

This practice note addresses government guidance on pharmaceutical pricing, pricing in monopolistic markets, pricing in oligopolistic markets, and liability risks. Read now » Related Content Healthcare Antitrust Resource Kit Access critical content covering antitrust issues related to pharmaceutical companies and other healthcare organizations. Practical Guidance Updates Featuring the latest updates...

May 28, 2025

If You Have Discriminating Taste, See Our New Employment Discrimination State Law Survey

Do you need to understand state anti-discrimination provisions and protected classes applicable to public and private employment? Review our recently published Employment Discrimination Protected Classes and Prohibited Conduct State Law Survey . Read now » Related Content Employment Litigation State Expert Forms and Checklists Chart Use this chart to see state law templates and checklists (including employment...

May 28, 2025

Make Your Mark(man) with a Winning Response Brief!

Master the art of responsive claim construction with this comprehensive template for Markman hearings. This Practical Guidance template provides a detailed framework for drafting responsive briefs, complete with strategic drafting notes and examples of key arguments to effectively counter opposing claim constructions. Whether you're representing a patent owner or accused infringer, this template equips you with the...

May 28, 2025

From Soot to Civil Authority Clauses: Coverage Fallout of the L.A. Wildfires

Learn about response strategies for coverage counsel to consider as insurers brace for litigation and policyholders prepare to push back on denied claims. Read now » Related Content Property Insurers in California: Understanding Their Withdrawal and Its Impact on State Insurance Regulation Explore major property insurers’ decisions to stop issuing types of property insurance in California. This practice...

May 28, 2025

Essential Safeguards for ePHI: Are You Compliant?

Check out this checklist from Practical Guidance – Healthcare addressing items for covered entities (which includes most group health plans) and their business associates to consider in complying with HIPAA’s Security Rule for protected health information (PHI) that is maintained or transmitted in electronic form (ePHI). Read now » Related Content Determining HIPAA-Reportable PHI Breaches Visual...

May 28, 2025

Providing Limited English Proficiency Consumer Disclosures

Fair lending laws are undergoing significant changes in light of federal deregulation. While federal law does not currently require financial institutions to provide consumer disclosures in non-English languages for individuals with limited English proficiency (LEP), many states continue to require and enforce language-specific disclosure mandates. Further, institutions must still comply with fair lending laws including...

May 28, 2025

Innovative Financing Strategies: Exploring Subscription Facilities

Check out this practice note discussing subscription facilities. A subscription facility is a line of credit to an investment fund typically secured by the fund’s right to issue capital calls to investors. The fund then repays these loans with the capital contributions received from its investors. Fund managers use these facilities (also called capital call facilities) to contend with the lag time between the issuance...

May 28, 2025

Ok, so you Built a Powerplant . . . That Don’t Impress me Much

There is a significant and growing need to add additional generating capacity to our electrical grid. With the popularity of electric vehicles here to stay—it is projected that 67% of vehicles sold in 2032 will be electric—and technology ingraining itself in our everyday lives, we simply need more power in our daily lives. But, even with the build-out of traditional and renewable generating capacity, operators...

May 28, 2025

It’s for Your Own Good: Tobacco Surcharges in Health Plans and other Wellness Incentives

A health-contingent program is a program that conditions eligibility for a reward on a participant's ability to meet a standard related to a health factor. For example, a tobacco cessation program can be designed as a health-contingent wellness program. This program offers incentives, such as a premium discount, to a participant to quit smoking. The program must follow HIPAA nondiscrimination rules by promoting health...

May 28, 2025

Stay One Step Ahead: Comprehensive Cybersecurity Risk Assessment Strategies

Check out this comprehensive practice note on conducting cybersecurity risk assessments, including the essential elements and an overview of different frameworks, standards, and programs. Read now » Related Content Cyber Vulnerability Management Checklist Understand key steps for an organization's vulnerability management process. Cybersecurity Resource Kit Find Practical Guidance resources addressing...

May 28, 2025

From Ambiguity to Authority: Master Sale of Goods Contracts in New York

Learn how to avoid common pitfalls that may arise when drafting and negotiating a sale of goods agreement in the State of New York. Areas of concern addressed in this practice note include substituted remedies provisions, the parol evidence rule, unenforceable terms, failure to adequately plan for a breach, warranty issues, and battle of the forms issues. Read now » Related Content Key Provisions of Sales...

May 28, 2025

FINRA Customer Arbitration Guide

From time to time, it is necessary for customers to arbitrate with broker-dealers, and their associated persons, pursuant to the Financial Industry Regulatory Authority Code of Arbitration Procedure for Customer Disputes. Read this practice note for the steps required to commence an arbitration, including determining whether the claim is arbitrable, building a case, selecting the arbitral panel, and using the FINRA Dispute...

May 28, 2025

From Chambers to Corner Office: Mastering Your Law Firm Transition

Discover invaluable insights on seamlessly transitioning from a judicial clerkship to a dynamic role in a law firm in our new practice note. Our experts offer practical advice on navigating court rules, engaging in discovery decisions, finding mentorship, enhancing persuasive writing skills, and leveraging your unique experiences. Whether you're looking to refine your advocacy or build confidence in your professional...

May 28, 2025

UVTA: Streamlining the Recovery of Prepetition Obligations

The Uniform Voidable Transactions Act (UVTA) has replaced the Uniform Fraudulent Transfer Act (UFTA) in many of the jurisdictions that adopted the UFTA. With its updated definitions and modernized standards, the UVTA brings clarity and efficiency to the handling of voidable transactions. Explore our detailed comparison chart to understand the potential impacts on your practice. Read now » Related Content ...

May 20, 2025

Close Encounters of the Business Kind: Mastering Succession and Tax Planning for the Small Business

Succession planning is a critical aspect of managing small, closely held businesses, as the unexpected departure of a key leader can significantly disrupt operations and challenge the business's legal continuity. Unlike large, publicly traded companies, these businesses face unique challenges in maintaining ownership and operational stability. Consider our comprehensive planning ideas, which address both tax and business...

May 20, 2025

Close Encounters of the Business Kind: Mastering Succession and Tax Planning for the Small Business

Succession planning is a critical aspect of managing small, closely held businesses, as the unexpected departure of a key leader can significantly disrupt operations and challenge the business's legal continuity. Unlike large, publicly traded companies, these businesses face unique challenges in maintaining ownership and operational stability. Consider our comprehensive planning ideas, which address both tax and business...

May 20, 2025

New! Playbook for Negotiating Letters of Intent for Office Lease Agreements

Entering into a letter of intent for an office lease agreement? Consult our playbook for valuable key provisions, alternative language provisions, and guidance for both landlords and tenants. Download a copy to streamline your contract negotiation process. Read now » Related Content Attorney's Role in the Office Leasing Process Dive into this practice note discussing the attorney's role in identifying...

May 20, 2025

The Deal Bridge: Transition Services Agreement

In the complex world of M&A transactions, transition services agreements (TSAs) serve as critical bridges between deal closing and operational independence thus creating stability during organizational change while protecting core business functions. Our practice note on transition services agreements in M&A deals provides comprehensive guidance on designing effective transition frameworks that balance service...

May 20, 2025

Regulatory Due Diligence for Medical Device Technology Transactions

This practice note covers key legal and regulatory issues to evaluate, questions to ask, and documents to review in medical device or diagnostic technology deals, including M&A, investments, financings, and joint ventures. Read now » Related Content Life Sciences M&A Transactions Learn about factors driving deal flow in one of the most active sectors for M&A activity. This practice note explores...

May 20, 2025

Play by the Book: See Our New Independent Contractor Agreement Playbook

Playbooks help attorneys review contracts quickly and consistently by comparing document language with a predefined and reusable set of language, rules, and actions, including favored contract language/position (by contract type and term), fallback positions per term, and drafting guidance with negotiation strategies/rationale. Check out our first L&E playbook, Independent Contractor Agreement Playbook (Pro-service...

May 20, 2025

Mastering Patent Claim Drafting for Living Organisms and Genetic Sequences

In a landscape where precision is paramount, our latest practice note delivers essential guidance on drafting claims for living organisms and genetic sequences. Discover how landmark decisions and practical examples can empower you to draft clear, robust claims that withstand modern challenges. Read now » Related Content Claim Drafting Pre-filing Checklist (U.S. Utility Patent) Head over to this streamlined...

May 20, 2025

Joint Efforts: Demystifying the Purple Haze of Cannabis Insurance for Marijuana-Related Businesses

Learn about the specifics of representative insurance policies that marijuana-related businesses (MRBs) routinely need. Read now » Related Content Cannabis State Regulatory Agencies Gain a greater understanding of the varied processes that impact the legalization of cannabis at the state level and how evolving state statutes and regulatory structures impact the adult-use cannabis industry. Understanding...