January 21, 2025

New Year, New Challenges: TCJA Renewal and Tax Policy Shifts in 2025

As we enter 2025, the renewal of the Tax Cuts and Jobs Act of 2017 (TCJA) is front and center for Republicans, who hold majorities in both chambers of Congress. Despite internal divisions and procedural hurdles, Senate Majority Leader John Thune aims to use budget reconciliation to expand tax relief, while House Ways and Means Committee Chair Jason Smith advocates for a single reconciliation measure. Key provisions set...

January 21, 2025

Acquiring the Stock of an Entire Company from a Single Corporate Seller

The stock of a subsidiary or smaller corporation may be held by a single corporate entity. Where there is one stockholder, the representations and warranties about the seller and the company will be made by that corporate stockholder. Liability tends to be straightforward, although the buyer may require the owners of the corporate seller to stand behind representations, warranties, and indemnification obligations. Escrows...

January 21, 2025

Customize Your Own State Law Comparison Report

Practical Guidance’s State Law Comparison Tool (SLCT) allows attorneys to compare state laws on various real estate topics, including commercial real estate ownership, foreign investment in real property, and commercial real estate leasing, in a customized and printable chart or report. Check out this practice note including an SLCT-generated report on state laws governing lien priority of future advances under...

January 21, 2025

FDA Administrative Decision Challenges

Check out our practice note providing guidance on challenging adverse Food and Drug Administration (FDA) administrative decisions. Among other things, the practice note includes strategies for obtaining a final agency decision that can be challenged in court, overcoming agency deference challenges, and selecting a jurisdiction. Read now » Related Content FDA Warning Letters Tracker Use this curated tracker...

January 21, 2025

Don’t Despair, We Help You Stay Ahead of the AI Curve

The U.S. House Bipartisan AI Task Force recently released a groundbreaking report outlining key challenges and opportunities for artificial intelligence (AI) adoption across all sectors. Find significant takeaways from the report, with proactive steps for employers to stay ahead of the curve, in our newly published article, U.S. House Delivers Sweeping AI Report: 10 Biggest Takeaways for Employers , by Benjamin M. Ebbink...

January 21, 2025

Turning Rejection into Approval: Mastering Trademark Reconsideration Requests

Use this template to request reconsideration of a U.S. Patent and Trademark Office examining attorney's refusal of trademark registration in a final office action. Read now » Related Content Trademark Applications: Appealing Rejections Review the actions trademark applicants can take when an application is rejected, including ex parte appeals to the Trademark Trial and Appeal Board (TTAB) and appeals...

January 21, 2025

Covering the Cannabis: Guidance on Insurance for Marijuana-Related Businesses

Learn specifics about the representative insurance policies that marijuana-related businesses routinely need. Read now » Related Content Understanding the Cannabis Industry and Its Insurance Market Scrutinize how the cannabis industry's particular insurance needs have created an entirely new insurance market and how an understanding of that market requires an understanding of the unique business aspects...

January 21, 2025

Five Banking Regulation Issues to Watch in 2025

The financial services industry is poised to undergo key transformations at the onset of a new administration in 2025. The focus of the incoming administration is characterized by deregulation to reduce regulatory burdens and technological advances to promote growth within the financial sector. This Law360 article provides highlights of what's on the horizon for the banking industry in 2025. Read now » Related...

January 21, 2025

Term SOFR Benchmark Replacement Trends

Review this practice note identifying new Term SOFR market trends. Although benchmark replacement provisions are not as critical as when replacing LIBOR upon its cessation, such fallback provisions remain important and have transitioned to replacing primarily Term SOFR in the event it becomes unavailable. The data analyzed in this practice note was obtained using Market Standards , Practical Guidance’s searchable...

January 21, 2025

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

Litigation involving prospective wind farm developments isn’t new, but litigation claims and tactics in those matters are constantly shifting. Stay ahead of the litigation curve by reviewing our wind law court rulings tracker, which covers recent nationwide court opinions. This tool can help you spot trends and help your clients prepare for and mitigate against the possibility of litigation. Read now » ...

January 21, 2025

Affordable Care Act Nears its 15th Anniversary

March 23, 2025, marks the 15th anniversary of the Affordable Care Act’s (ACA) enactment date. A large part of the law’s impact was its requirement that non-grandfathered group health plans and health insurance issuers provide coverage of certain specified preventive services without cost sharing . Section 2713(a)(4) of the Public Health Services Act, as amended by the ACA, requires benefits for certain women's...

January 21, 2025

Privacy and Cybersecurity Litigation to Watch in 2025

The crush of litigation accusing website operators of unlawfully monitoring visitors' activities, the Supreme Court’s Telephone Consumer Protection Act decision, and continued challenges to kids’ safety laws all stand center stage for the coming year. Read now » Related Content Privacy & Cybersecurity Policy to Watch in 2025 Find out what top policy issues experts say will bear watching...

January 21, 2025

Is Your Automatic Renewal Program Compliant?

Learn about the laws surrounding negative option marketing and automatically renewing subscriptions. Topics covered include issues raised in recent lawsuits filed, the FTC's proposed updates to its negative option rules, and an overview of federal and state laws governing negative option offers. Read now » Related Content Negative Option Marketing Read about the regulation of negative option marketing...

January 21, 2025

Audit Committee Resolutions: Financial Information and Periodic Reports Approval

For public companies, a key part of the board of directors’ audit committee’s job is to review and approve a company’s annual or quarterly financial statements, as well as Form 10-K or Form 10-Q and accompanying earnings releases. This occurs before the financial information and periodic report is presented to the full board for approval. Use this template to perform these committee-level approvals....

January 21, 2025

FOIA Requests: A How-to Checklist

FOIA request have you stressed? Look no further than our new checklist offering the step-by-step guidance you’ll need to proceed. Check it out at the link below! Read now » Related Content Freedom of Information Act (FOIA) Resource Kit Find a comprehensive listing of all our content across practice areas on FOIA requests. This resource kit features links to detailed practice notes, annotated templates...

January 21, 2025

We Are One But We Are Not the Same; Article 9 Variations

Your clients include secured creditors holding security interests in collateral located in several different jurisdictions. You need to explore whether your clients should exercise their rights under Article 9 of the Uniform Commercial Code (UCC) in the applicable jurisdiction. Practical Guidance allows you to compare Article 9 statutes in 13 top jurisdictions with the State Law Comparison Tool. Read now » Related...

January 17, 2025

What’s New in Practical Guidance – December 2024 Updates

In December 2024, Practical Guidance introduced a range of new content and updates across various legal practice areas, enhancing the resources available to legal professionals. This month's updates span Bankruptcy, Business Entities, Civil Litigation, Construction, Employee Benefits, Federal Government, Labor & Employment, Real Estate, Tax, and Trusts & Estates. To view these resources, sign in or take...

January 14, 2025

New Year Insights: Partnership Agreements and Allocations

The allocations that partners establish in their partnership agreement determine each partner's distributive share. A partner’s distributive share is that fraction of a partnership's items of income, gain, loss, deduction, and credit that the partnership agreement allocates to that partner in a particular taxable year. The partnership agreement is the starting point for the Internal Revenue Code's analysis...

January 14, 2025

Retail Space Needed for Cannabis Dispensaries

Marijuana retailers are setting up shops in cannabis approved jurisdictions across the country to meet growing consumer demand. While leasing commercial spaces to cannabis businesses may be profitable, doing so can present risks to landlords. Read this article discussing challenges and key lease terms for renting to cannabis businesses. Read now » Related Content State-Legalized Marijuana and Real Estate...

January 14, 2025

The Final Hurdle: Understanding Closing Conditions in M&A

Clients rely on their counsel to help them navigate all the mechanics of a deal closing. Counsel is generally responsible for, among other things, finalizing the main transaction document and other deliverables, obtaining regulatory approvals and corporate consents, and circulating signature packets for closing deliverables. Prepare for your next closing with this resource kit listing the comprehensive content available...

January 14, 2025

Tech It from Us: See our New Note on Technology in the Workplace

Do you need guidance on common workplace technology legal issues? Check out Technology and the Workplace: Key Employer Issues (Federal and CA) , by Y. Douglas Yang, Sheppard, Mullin, Richter & Hampton LLP. Read now » Related Content Generative Artificial Intelligence (AI) Resource Kit Access current guidance on generative artificial intelligence (AI), including with respect to workplace issues. ...

January 14, 2025

Understanding Open Source Software

Open source software has gained significant popularity and adoption across various industries and domains. As more organizations and developers embrace open source software, it is important to understand its underlying principles, licensing models, and potential legal implications. This practice note provides guidance on making informed decisions regarding the selection and use of open source software. Read now »...

January 14, 2025

Takaful Fundamentals: Understanding Sharia-Compliant Insurance Systems

Learn about the concept of ''takaful'' insurance that complies with Islamic religious law. Read now » Related Content Islamic Finance and Markets in International Jurisdictions Review international guides in which leading law firms in each jurisdiction address essential aspects of Islamic finance and markets law and answer policy questions on this topic. Insurance and Reinsurance in...

January 14, 2025

AI in Healthcare: Key Considerations Checklist

This checklist provides an overview of key legal considerations attorneys should review with their clients when advising on the use of generative artificial intelligence (AI) and machine learning (ML) in healthcare. Read now » Related Content Health Information Privacy and Security Resource Kit Find resources addressing key health information privacy and security issues affecting healthcare organizations...

January 14, 2025

Financial Services M&A in International Jurisdictions

LexisNexis® offers the highly regarded Lexology Panoramic international guides for practitioners. Review questions and answers from leading law firms, across jurisdictions, on topics ranging from regulatory authority and statutory requirements to potential sanctions or civil penalties for violations. With key coverage, this guide provides links to international guides addressing essential aspects of financial services...