September 17, 2024

America’s Midstream Network is Key to European Energy Independence

Europe is highly dependent on Russian natural gas to generate electricity and provide heat. As Russia’s invasion of Ukraine continues to drag on, and the NordStream pipeline has largely been placed out of commission through sabotage, there is a growing push to cut off the use of Russian natural gas in favor of more reliable suppliers. But how will Europe replace its reliance on Russian natural gas? America’s...

September 17, 2024

Let Me Predict the Future: Taxes Will Increase—Unless Congress Acts

With more than $4 trillion of tax increases scheduled to take effect at the end of 2025, given the sunsetting provisions of the Tax Cuts and Jobs Act (TCJA), 2025 will be the most consequential year for tax legislation since the 2017 enactment of the TCJA. Whatever the results of the Presidential election, it’s expected that Congress and the new administration will confront these looming tax increases—or will...

September 17, 2024

Commercial Property Owners: Plan Ahead and Prepare for Emergencies!

A disaster management and emergency response plan is essential for commercial real property owners, landlords, managers, and governing bodies. Read this guidance on preparing and responding to disasters, including casualty losses, natural disasters, cyberattacks, and criminal or terrorist acts. Read now » Related Content Cybersecurity and Data Privacy in Commercial Real Estate Learn about key considerations...

September 17, 2024

CFIUS’s Annual Report, the Treasury Department’s Outbound Investment Rules, and More! What’s New in Practical Guidance Corporate and M&A

Between the Treasury Department’s release of the highly anticipated draft outbound investment regulations to the Committee on Foreign Investment in the United States (CFIUS)’s annual report to Congress detailing a booming year in cross-border deal scrutiny, Practical Guidance Corporate and M&A is packed with new content from industry leading attorneys on the critical legal developments you won’t...

September 17, 2024

Repping the Right Way: New NLRB Framework for Representation Management (RM) Petitions

Do you need to understand the legal requirements and procedures for filing a Representation Management (RM) Petition and best practices for addressing the National Labor Relations Board's recently modified process for such petitions? Read Representation Management Petitions and Representation Elections by Adam Keating, Duane Morris LLP. READ NOW » Related Content Representation Proceedings: Best Practices...

September 17, 2024

Derivative Work or Fair Use?

A major point of confusion in copyright law is distinguishing between what constitutes an unauthorized derivative work and what constitutes fair use of an underlying work. Read this practice note to gain insight on the analysis. This practice note also discusses what constitutes a derivative work, to what extent derivative works are copyrightable and registerable with the U.S. Copyright Office, limitations on derivative...

September 17, 2024

Thar She Blows: Navigating R&W Claims

Explore this practical guide on buyer-side representations and warranties insurance for business owners and general counsel. Read now » Related Content Representations and Warranties Insurance: Fundamentals Get an overview of R&W insurance, including underwriting and the various aspects of claims, coverage, and dispute resolution. Representations and Warranties Insurance Policy Selection Learn...

September 17, 2024

Assumption of the Risk and Contributory Negligence Defenses in Medical Malpractice Cases

Review this practice note—adapted from the Matthew Bender & Company, Inc. treatise Louisell and Williams, Medical Malpractice —for a discussion of the elements of and considerations regarding the assumption of the risk and contributory negligence defenses in medical malpractice actions. Get up to speed on both express and implied assumption of the risk defenses. Drill down on the concept of contributory...

September 17, 2024

Don’t Be Scared! Weaving Cybersecurity Awareness into Your Plan Fiduciaries’ Duties

Cybersecurity is the word, and fiduciaries of employee benefit plans governed by the Employee Retirement Income Security Act of 1974 should implement cybersecurity risk management strategies to mitigate the risks of liabilities that can result from cybersecurity attacks on ERISA employee benefit plans. With the Department of Labor (DOL) having issued initial guidance on the extent of a fiduciary’s cybersecurity...

September 17, 2024

Kick Off the School Year: Stay Ahead with the Latest in Student Privacy Laws!

Catch up on state student privacy laws when you explore the Student Privacy Requirements topic in our Data Security & Privacy State Law Comparison Tool . Coverage includes entities and students covered, key definitions, notice and consent requirements, service provider obligations, and more. Read now » Student Privacy Requirements (CA) Check out this state Q&A document setting out California’s...

September 17, 2024

Intrastate Crowdfunding Regulations (NJ)

State securities registration and qualification regulations apply where they are not preempted by federal regulations, such as for intrastate crowdfunded offerings. Although state rules are broadly similar, there are notable differences between them. These differences can affect an issuer’s choice of state for their contemplated offering. Use this checklist to get an overview of New Jersey’s intrastate crowdfunding...

September 17, 2024

Generative AI Rules Tracker: State and Federal Courts

Use our tracker to keep up with the individual rules and standing orders implemented by certain federal and state court judges, court administrations, and bar associations governing the use of generative AI in court filings. We review our tracker at least once each week and update accordingly, so check it out and bookmark it at the link below! Read now » Related Content Generative Artificial Intelligence ...

September 17, 2024

Changes in The Regulation of Digital Asset Lending Platforms

Driven by the need to support responsible innovation between banks and fintech companies, the U.S. federal banking agencies recently issued a Request for Information (RFI) from banks and fintech companies regarding their arrangements for deposits, payments, lending, and risk management. Explore this practice note for an overview of the development, regulation, and enforcement of digital asset lending platforms in the...

September 17, 2024

Watch This! Leveraged Dividend Recapitalizations Video

Watch this new video providing an overview of leveraged dividend recapitalizations, in which a company incurs debt and uses those proceeds to pay a dividend to its shareholders or to repurchase its outstanding shares. VIEW NOW » Related Content The Client Asks: Is a Dividend Recapitalization Permitted Read this practice note providing a step-by-step guide to determine whether a dividend recapitalization...

September 17, 2024

Is it a Plan or a Scheme?

Learn more about multi-level marketing programs under the Federal Trade Commission Act, including the elements of such programs, compliance with the Act and risk mitigation, FTC enforcement, and distinctions between valid multi-level marketing plans and fraudulent product and/or service-based pyramid schemes. Read now » Related Content Avoiding Illegal Pyramid Schemes Checklist (Consumer) Use this checklist...

September 17, 2024

Everything an In-House Bankruptcy Attorney Needs

In-house counsel may advise internal clients on bankruptcy matters and non-bankruptcy alternatives. Check out this resource kit for a collection of Practical Guidance materials covering many of the tasks and issues that in-house attorneys regularly address when the client is filing for bankruptcy or when the client is a lender, supplier, customer, or other interested party to a company that files bankruptcy. READ NOW...

September 10, 2024

Educational Assistance for Employees: Why Not Provide a Nontaxable Benefit?

IRS issued a reminder that employers who offer educational assistance programs can also use them to help pay for their employees’ student loan obligations through Dec. 31, 2025. These programs rely on I.R.C. Section 127 which permits up to $5,250 of qualifying educational assistance to be provided to an employee each year on a nontaxable basis. The option to use educational assistance programs to pay for workers’...

September 10, 2024

Purchasing Land (with Water Rights)

The value of water has risen in the U.S. especially in areas where droughts have become more prevalent. Though water rights can be transferred between entities, there are restrictions, limitations, and federal approval required. Read this article regarding a lawsuit against the U.S. Bureau of Reclamation for its approval of a $21 million water sale contract between a private property owner selling water rights to a Phoenix...

September 10, 2024

Be Diligent When Training the First Year Associates

Fall is just around the corner, and new M&A associates will receive their first assignments. Reviewing due diligence is not just a rite of passage, it is an invaluable task that impacts negotiations, the drafting of definitive agreements, and sometimes due diligence findings can make or break a deal. Before tasking associates with due diligence review, be it buy-side or sell-side, use Practical Guidance as a resource...

September 10, 2024

Duty of Disclosure and Consistency Requirements for Patent Applicants

Life sciences attorneys must understand the PTO’s duty of candor and good faith because failure to satisfy the duty can have dire consequences, including a holding of patent unenforceability. This practice note includes practical guidance for complying with the duty of disclosure rules. READ NOW » Related Content Life Sciences Patents and Licensing Resource Kit Find content to help you understand key...

September 10, 2024

Blunt Advice: Practical Guidance for California Employers on Marijuana in the Workplace

Do you need to help California employers dealing with employees who use marijuana? Read our new practice note, Marijuana Issues for Employers (CA) , by Mike Guasco of Guasco Employment Law, P.C. READ NOW » Related Content Cannabis Resource Kit Access materials on cannabis in many practice area offerings in Practical Guidance, including labor and employment. Medical and Recreational Marijuana (CA) Learn...

September 10, 2024

Trade Book Publishing Agreements

Review the key legal and business issues in a trade book publishing contract. This practice note, written by expert author Connie J. Mableson, addresses important provisions including copyright ownership, the author's grant of rights, term, advances and royalties, accounting, manuscript delivery and acceptance, and more. READ NOW » Related Content Publishing Agreement (Trade Book) (Pro-Publisher) Use...

September 10, 2024

Take This Job And Shove It: Compliance Concerns Raised Over State Legislation to Curb Workplace Violence

Examine the lack of consensus among policymakers and California’s sweeping anti-violence law; includes a map depicting the wide-ranging legislative proposals tackling this workforce crisis. Read now » Related Content Gun Violence Coverage Issues Explore insurance coverage issues related to gun violence, recent litigation in response to active shooter and mass shooting incidents, and policy trends addressing...

September 10, 2024

HIPAA Qualified Protective Order

Use this template, HIPAA-qualified protective order from Lexis Practical Guidance – Healthcare in federal court proceedings, to obtain protections when introducing your client’s protected health information (PHI) in litigation. Conform to the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 145 C.F.R. § 164.512(e)(1), and Fed. R. Civ. P. 26(c). With modifications...

September 10, 2024

What's Next for the Regulatory Landscape Post-Chevron?

The Supreme Court’s decision in Loper Bright Enters. v. Raimondo, 144 S. Ct. (2024), effectively overturned Chevron, U.S.A., Inc. v. NRDC, Inc., 467 U.S. 837 (1984). The potential impact of the end of Chevron deference on financial laws and regulations continues to unfold. Access this practice note, written by various authors from the Chevron Deference Working Team at Holland & Knight , which examines how the...