Practical Guidance

What’s New in Practical Guidance: February 2026 Highlights

Virginie De Smecht — Wed, 01 Apr 2026 20:47:00 GMT

Review the February 2026 Practical Guidance update, including new templates, trackers, and practice notes across key legal practice areas.(read more)

How to Stay Ahead of Market Trends with Enhanced M&A Agreement Templates from Practical Guidance

beng — Fri, 05 Sep 2025 13:00:00 GMT

Discover how enhanced M&A agreement templates from LexisNexis Practical Guidance and SRS Acquiom help attorneys draft smarter with real market data. (read more)

What’s New in LexisNexis Practical Guidance – July 2025

beng — Thu, 21 Aug 2025 13:00:00 GMT

Discover the LexisNexis Practical Guidance July 2025 update with new compliance tools, AI resources, and legal expertise. (read more)

What’s New in Practical Guidance: June 2025 Updates

Sherica Celine — Wed, 13 Aug 2025 08:20:00 GMT

LexisNexis has once again raised the bar for legal practitioners with a robust suite of new resources and tools in its Practical Guidance platform. The June 2025 updates span multiple practice areas, delivering innovative templates, playbooks, trackers, and expert content that simplify complex legal workflows and enhance practitioner efficiency. Here's a look at what's new and noteworthy.

Business Entities: State Specific Template & Resolutions

This month’s updates feature a strong focus on state-specific templates for Professional LLCs and Benefit Corporations in Florida and Massachusetts. New materials include resolutions for commercial contracts and membership interest sales, offering users precise, jurisdiction-tailored guidance. Florida Benefit Corporations receive several vital additions, such as bylaws, organizational meeting documents, and dissolution plans.

Construction: Resource Kits & National Guidance Updates

Construction law updates include the Architect Services Agreement Playbook and a comprehensive Mechanic’s Lien Resource Kit tailored to Kentucky. Also notable is the transformation of eight AIA and DBIA guidance documents into Practice Notes for easier reference. Coming soon: Zoning Q&As for Houston and state-by-state prevailing wage requirement guidance for public construction projects.

Environmental: Compliance Tracking & Litigation Insights

In the environmental arena, the platform now offers rich new content on hot-button topics. Highlights include a case study on New York City’s Local Law 97, an environmental citizen suit pre-suit notice chart, and early insights on the Loper Bright decision’s implications. A newly added PFAS Litigation Tracker ensures users stay ahead of this rapidly evolving area.

Labor & Employment: Agreement Playbooks & Cyber Risk Training

Legal professionals advising employers and contractors will benefit from the Independent Contractor Agreement Playbook (pro-service provider) and the Non-compete/Non-solicit Agreement Playbook (pro-employer). A timely Cybersecurity, Online, and Email Risks in the Workplace training presentation helps mitigate digital risks.

Real Estate: Leading Templates & State Law Comparisons

The Real Estate section debuts expert-driven documents such as a Recreational Cannabis Dispensary Lease (pro-landlord). A new State Law Comparison Tool Topic for Housing Discrimination is now live, helping users navigate protected classes and remedies under state law.

Trusts & Estates: Probate Filing & Estate Administration Tools

The platform continues expanding probate and estate materials, particularly in Illinois and North Carolina. New content includes Petitions for Probate of Will and Letters Testamentary (IL), Estate Administration Deadlines Checklist (IL), and Letter to Administrator (NC).

Keeping Current: Further Practice Area Updates

The June 2025 update also includes substantial additions across Bankruptcy, Business Entities, Commercial Transactions, Finance, Healthcare, Labor & Employment, Real Estate, and Trust & Estates. To view the full update, click here.

With these additions, Practical Guidance continues to evolve as a dynamic platform that supports legal professionals with actionable insights and ready-to-use resources—streamlining workflows and bolstering compliance in a fast-changing legal environment.

Sign up for the weekly Practical Guidance Newsletter to stay informed on the latest legal tools, workflow solutions, and practice area updates.

Global Tax Reform Reboot: International Tax Provisions of the One Big Beautiful Bill Act

Sherica Celine — Wed, 30 Jul 2025 05:30:00 GMT

Public Law No. 119-21, the One Big Beautiful Bill Act (OBBBA), represents the most comprehensive overhaul of the federal tax system since the Tax Cuts and Jobs Act of 2017 (TCJA). Enacted on July 4, 2025, the OBBBA originates from H.R. 1, 119th Cong. (2025), and reflects a sweeping legislative agenda focused on simplification, growth stimulation, and structural permanence. Among its international tax provisions, the OBBBA (1) renames the global intangible low-taxed income (GILTI) provisions introduced under the TCJA to “Net CFC Tested Income” (NCTI), with the associated deduction lowered to 40%, and FTC limit raised to 90%; (2) renames the Foreign‑Derived Intangible Income (FDII) to “Foreign Derived Deduction Eligible Income (FDDEI)”, with the deduction reduced to 33.34%; (3) stabilizes BEAT rates at 10.5% with full credit offset allowed; and (4) overhauls sourcing, attribution, and FTC rules to reduce base erosion.

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Related Content

GILTI and FDII Fundamentals
Review pre-OBBBA and post-OBBBA international tax law. Before OBBBA: (1) GILTI had a 50% deduction (effective ~10.5–13.125%) and (2) FDII was a 37.5% deduction (~16.406%). After OBBBA: (1) the GILTI (renamed Net CFC Tested Income (NCTI)) deduction falls to 40% (rate ~12.6%, or ~14% after foreign tax credits); (2) FDII (renamed Foreign‑Derived Deduction Eligible Income (FDDEI)) deduction yields 14% effective U.S. tax rate on qualifying income; and (3) the foreign tax credit reduction is reduced from 20% to 10%, which allows more FTCs to offset GILTI tax.
The BEAT Goes On: New I.R.C. Section 59A Practice Tips
Learn how the OBBBA modified the Base Erosion and Anti-Abuse Tax (BEAT) under I.R.C. Section 59A by setting a flat rate of 10.5% for tax years beginning after December 31, 2024. The base erosion percentage test and gross receipts threshold remain unchanged.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.

Tax Key Legal Developments Tracker (Federal) (Current)—keep up to date with key legal developments!
- Federal Tax Legislation. President Trump signs the One Big Beautiful Bill Act (OBBBA), HR 1, Pub. L. No. 119-21, on July 4, 2025. Federal Tax Legislation Tracker (2025).
- Business Entities. IRS provides various prescribed rates for federal income tax purposes for July 2025 (the current month). Rul. 2025-13.
- Tax Practice, Procedure, and Controversy. Trump Administration issued an executive order, Ending Market Distorting Subsidies for Unreliable, Foreign‑Controlled Energy Sources, which calls for Secretary of the Treasury to take necessary and appropriate action within 45 days of July 4 (OBBBA’s enactment date), which date is August 18, to strictly enforce the termination of the clean electricity production and investment tax credits under I.R.C. Sections 45Y and 48E for wind and solar facilities to ensure that policies concerning the “beginning of construction” are not circumvented, including by preventing the artificial acceleration or manipulation of eligibility and restricting the use of broad safe harbors unless a substantial portion of a subject facility has been built.
- Tax Practice, Procedure, and Controversy. IRS extends for an additional year the transitional relief provided in R.S. Notice 2024-56, providing transitional relief from penalties with respect to certain information reporting obligations under I.R.C. Section 60451 and also transitional relief from the liability for the payment of backup withholding tax required to be withheld under I.R.C. Section 3406and its accompanying regulations as well as from penalties for brokers who fail to pay that tax with respect to certain sales of digital assets required to be reported under I.R.C. Section 6045. Notice 2025-33.
Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.
What’s New in Practical Guidance
Discover the newest Practical Guidance content and resources in this update. This guide is designed to help you find the tools and insights you need to work more efficiently and effectively.
Keep current on Trump administration developments by referencing the Presidential Executive Actions Tracker, Legal Challenges to 2025 Presidential Executive Orders and Actions Tracker, Executive Orders, EEOC Letters, and Other Actions Concerning Law Firms Tracker and the Trump Transition Resource Kit for up-to-date developments from the Trump Administration.
New! Practical Guidance Journal, 2025 Second Edition features guidance for regulating AI in the workplace in 2025, Intellectual Property issues related to deepfakes, the emergence of AI in mergers and acquisitions, and a checklist to help when evaluating AI technology risks.
Browse the Practical Guidance Author Center to see the 2600+ leading attorney authors contributing to our 26 practice areas. Interested in becoming a Practical Guidance author? Click here for details. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.
Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.

New and Recently Updated Practical Guidance Content

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Essential Ingredients for Restaurant Leases

Sherica Celine — Wed, 30 Jul 2025 05:30:00 GMT

Restaurant leasing presents a unique blend of legal considerations, shaped by operational realities such as equipment needs, utility demands, and customer-facing enhancements. Review this checklist for key considerations and negotiation points for landlords and tenants to consider before entering into a restaurant lease. This checklist outlines essential lease clauses and practical recommendations, including initial considerations, lease contingencies, due diligence, rent terms, operational concerns, and additional considerations when leasing restaurant space in shopping centers and hotels.

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Related Content

Liquor License Contingency Clause (Restaurant Lease)
Include this clause to allow terminating a restaurant lease without liability if the tenant is unable to obtain a liquor license.
Outdoor Patio Clause (Restaurant Lease)
Incorporate this clause detailing the rights and obligations of outdoor seating—an increasingly high-demand amenity for many restaurateurs.
Parking Clause (Restaurant Lease, Office Building)
Use this clause with leases for restaurant space in mixed-use projects to give tenants the right to use parking spaces at the leased premises.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.

What’s New in Practical Guidance
Discover the newest Practical Guidance content and resources in this update. This guide is designed to help you find the tools and insights you need to work more efficiently and effectively.
Review the Chevron Reversal Impact Resource Kit for analysis related to the Supreme Court’s decision to overturn four decades of deference to federal agency interpretations of ambiguous statutes.
Stay informed on energy and climate change policies and regulations with Practical Guidance’s Energy and Climate Change Policies and Regulations Tracker.
Trump Transition Coverage in Practical Guidance
Trump Transition Resource Kit is a consolidated listing of guidance related to new actions and orders, and the Presidential Executive Actions Tracker is a frequently updated listing and description of many of the recently implemented presidential orders and rescissions of previous administration orders.
Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.
Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
For Practical Guidance content on important recent trends, review these easy-to-use Resource Kits on these emerging topics:

New! Practical Guidance Journal, 2025 Second Edition features guidance for regulating AI in the workplace in 2025, Intellectual Property issues related to deepfakes, the emergence of AI in mergers and acquisitions, and a checklist to help when evaluating AI technology risks.
Listen Up! The Practical Guidance and Law360 Podcasts Resource Kit features interviews with industry-leading attorneys on cutting edge issues in the law: NFTs, Cannabis, COVID, and more.
Browse the Practical Guidance Author Center to see the 2600+ leading attorney authors contributing to our 26 practice areas. Interested in becoming a Practical Guidance author? Click here for details. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.

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Toxic Assets or Smart Deals? Mastering Environmental Risk in M&A

Sherica Celine — Wed, 30 Jul 2025 05:30:00 GMT

In today’s deal-making space, environmental liabilities can be hidden landmines threatening post-closing value and operational integrity. Navigate the intricate terrain of M&A transactions where strategic environmental risk allocation becomes your shield against unforeseen liabilities. Explore how precision drafting, thorough due diligence, and smart indemnity strategies within transaction agreements can transform environmental risks into manageable exposures—protecting both buyer and seller.

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Related Content

Environmental Due Diligence in M&A Transactions
Check out this comprehensive practice note providing essential insights on the scope, strategies, and legal implications of environmental due diligence that can significantly influence deal structure, valuation, and post-closing risk exposure in M&A transactions.

Closing and Post-Closing Environmental Law Considerations
Explore key environmental law considerations that come into play at closing and extend well into the post-closing phase of M&A transactions.

Climate Change Considerations in M&A Transactions
Delve into the growing impact of climate change in M&A strategy, where evolving regulations, investor expectations, and sustainability metrics are reshaping deal priorities.

Environmental Insurance as M&A Risk Management Tool
Discover how environmental insurance can serve as a powerful tool to manage risk in M&A deals. Learn how buyers and sellers use tailored policies to cover unknown liabilities, streamline negotiations, and protect deal value post-closing.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.

What’s New in Practical Guidance
Discover the newest Practical Guidance content and resources in this update. This guide is designed to help you find the tools and insights you need to work more efficiently and effectively.
New! Practical Guidance Journal, 2025 Second Edition features guidance for regulating AI in the workplace in 2025, Intellectual Property issues related to deepfakes, the emergence of AI in mergers and acquisitions, and a checklist to help when evaluating AI technology risks.
Generative Artificial Intelligence (AI) Resource Kit is a collection of current guidance on generative AI, ChatGPT, and similar tools.
Browse the Practical Guidance Author Center to see the 2600+ leading attorney authors contributing to our 26 practice areas. Interested in becoming a Practical Guidance author? Click here for details. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.
Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.
Public Interest, Pro Bono, and Non-Profit Resource Kit offers valuable guidance for those providing pro bono legal services and assisting non-profit organizations and public interest groups. It includes useful content on topics including tenant's rights, fair housing and lending, discrimination, immigration, and general non-profit resources.
Click here to review the robust and growing collection of more than 150+ data points from publicly filed transactions available in Market Standards.

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FDA-based Failure-to-Report Claims

Sherica Celine — Wed, 30 Jul 2025 05:30:00 GMT

This practice note helps attorneys representing drug and medical device manufacturers advise their clients about liability risks associated with their products, by summarizing the legal landscape surrounding FDCA-based failure-to-warn claims, providing a state-by-state analysis of related common-law duties, and identifying states that recognize FDCA-based failure-to-report claims as a cause of action along with practical insights into the case law of those that do not.

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Medical Device Label Checklist
Refer to this checklist to see how medical device manufacturers should label their devices to comply with FDA regulations.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.

What’s New in Practical Guidance  
Discover the newest Practical Guidance content and resources in  this update. This guide is designed to help you find the tools and insights you need to work more efficiently and effectively.  
New! Practical Guidance Journal, 2025 Second Edition features guidance for regulating AI in the workplace in 2025, Intellectual Property issues related to deepfakes, the emergence of AI in mergers and acquisitions, and a checklist to help when evaluating AI technology risks.
Review the Chevron Reversal Impact Resource Kit for analysis related to the Supreme Court’s decision to overturn four decades of deference to federal agency interpretations of ambiguous statutes.
Browse the Practical Guidance Author Center to see the 2600+ leading attorney authors contributing to our 26 practice areas. Interested in becoming a Practical Guidance author? Click here for details. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.
Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.

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Trigger Points: New Developments in Gun Safety Legislation Video

Sherica Celine — Wed, 30 Jul 2025 05:30:00 GMT

Do you want to stay up to date on recent developments and guidance regarding gun safety in the workplace? Watch our new Current Awareness: New Developments in Gun Safety Legislation Video, by Alka Ramchandani-Raj of Littler Mendelson P.C.

Watch now »

Related Content

Guns-at-Work State Law Survey
Review guns-at-work laws for the 50 U.S. states and District of Columbia, including the scope of any laws that restrict an employer from limiting the storage of firearms in a personal vehicle in the employer's parking lot.
Workplace Violence: Key Legal Issues, Prevention, and Response
See this discussion of legal issues related to workplace violence and strategies for preventing and responding to workplace violence.
Workplace Violence Policies: Key Drafting Tips
Follow best practices for drafting workplace violence policies.
Workplace Violence Guidance for Managers: Training Presentation
Provide training to managers regarding workplace violence.

Practical Guidance Updates
Featuring the latest updates in practice trends and practical guidance from your Practical Guidance account.

Labor & Employment Key Legal Development Tracker (Current) – keep up to date with key legal developments!
- Federal: President Trump issues a memorandum prohibiting filling any vacant Federal civilian positions or creating new ones within the Executive Branch until October 15, 2025, except as provided or required by law. See Ensuring Accountability and Prioritizing Public Safety in Federal Hiring.
- Missouri: Missouri repeals its paid sick leave law, no longer requiring private employers to provide paid sick leave to employees, and eliminates minimum wage increases scheduled to begin January 1, 2027. See 2025 Bill Text MO H.B. 567.
- Nevada: Nevada lowers the weekly limit on working time for minors age 16 and under and prohibits minors ages 16-18 from working between 11:00 p.m. and 6:00 a.m. on any night immediately preceding a school day unless they meet certain exemptions. See 2025 Bill Text NV A.B. 215.
Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.
New Practical Guidance Content
Recently Updated Practical Guidance Content
Labor & Employment Key Legal Developments Tracker Archive (2024)
Labor & Employment Key Legal Developments Tracker Archive (2023)
Labor & Employment Key Legal Developments Tracker Archive (2022)
Labor & Employment Key Legal Developments Tracker Archive (2021)
Labor & Employment Key Legal Developments Tracker Archive (2020)
Labor & Employment Key Legal Developments Tracker Archive (2019)
What’s New in Practical Guidance
Discover the newest Practical Guidance content and resources in this update. This guide is designed to help you find the tools and insights you need to work more efficiently and effectively.
New! Practical Guidance Journal, 2025 Second Edition features guidance for regulating AI in the workplace in 2025, Intellectual Property issues related to deepfakes, the emergence of AI in mergers and acquisitions, and a checklist to help when evaluating AI technology risks.
Browse the Practical Guidance Author Center to see the 2600+ leading attorney authors contributing to our 26 practice areas. Interested in becoming a Practical Guidance author? Click here for details. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.
Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
Generative Artificial Intelligence (AI) Resource Kit is a frequently updated collection of current Practical Guidance materials on generative AI, ChatGPT, and similar tools

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PTAB Proceedings Resource Kit

Sherica Celine — Wed, 30 Jul 2025 05:30:00 GMT

Utilize this resource kit to access an extensive collection of resources for PTAB proceedings from pre-petition strategy and petition drafting to managing disclosures, motions practice, evidentiary issues, post-decision estoppel, and coordinating proceedings with parallel district court litigation.

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ITC Resource Kit
Access guidance on enforcing intellectual property rights in a Section 337 investigation before the International Trade Commission (ITC). This practice note provides insights into the various phases of the investigation, including the filing of the complaint and response, institution, discovery, the initial determination, and methods of resolution.

Patent Enforcement Resource Kit
Find guidance for patent owners and counsel in policing and enforcing patent rights, including developing an enforcement strategy, patent marking and marketplace monitoring, notice letters, pre-suit investigation, considerations for determining litigation strategy, patent claims, and filing of a complaint in district court.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.

New! Practical Guidance Journal, 2025 Second Edition features guidance for regulating AI in the workplace in 2025, Intellectual Property issues related to deepfakes, the emergence of AI in mergers and acquisitions, and a checklist to help when evaluating AI technology risks.
What’s New in Practical Guidance
Discover the newest Practical Guidance content and resources in this update. This guide is designed to help you find the tools and insights you need to work more efficiently and effectively.
The Generative Artificial Intelligence (AI) Resource Kit is a frequently updated collection of current Practical Guidance materials on generative AI, ChatGPT, and similar tools.
Listen Up! The Practical Guidance and Law 360 Podcasts Resource Kit features interviews with industry-leading attorneys on cutting edge issues in the law: NFTs, Cannabis, COVID, and more.
Browse the Practical Guidance Author Center to see the 2600+ leading attorney authors contributing to our 26 practice areas. Interested in becoming a Practical Guidance author? Click here for details. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.
Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content..
Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.

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Formplay: How Insurance Practitioners Can Score with Standard Insurance Policies

Sherica Celine — Wed, 30 Jul 2025 05:30:00 GMT

Learn about the implications of form policies in regulatory disputes and coverage litigation.

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Standard Insurance Policy Forms: Implications in Regulatory Disputes and Coverage Litigation Checklist
Review how policyholder and insurance company attorneys can best utilize standard insurance policy forms, including the fundamental role such forms play in regulatory and coverage disputes.

Standard Insurance Policy Forms Fundamentals
Analyze the genesis and use of standardized insurance policy forms and the identity and background of the entities primarily responsible for their creation.

Standard Insurance Policy Forms Fundamentals Checklist
Peruse this overview of standard insurance policy forms to build your understanding of their history, nature, and purposes.

Essential Components of All Primary Insurance Policies
Dive into the Insurance Services Office (ISO) form addressing an insurer’s payment of the sums an insured becomes legally obligated to pay as damages because of "loss of electronic data" to which the insurance applies.

Endorsements, Exclusions, Exemptions, and Conditions
Discover how to use endorsements, exclusions, exemptions, and conditions to expand, limit, exclude, or otherwise change the scope of insurance coverage. Includes selecting the correct endorsement, special considerations for exclusions, and common pitfalls.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.

For Practical Guidance on workers’ compensation, review these easy-to-use resource kits:

Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.

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State of Mind: Mental Health Facility Licensing Laws Unlocked

Sherica Celine — Wed, 30 Jul 2025 05:30:00 GMT

Check out the new State Law Comparison Tool mental health facility licensing topic from Practical Guidance – Healthcare. This new topic provides guidance on the state laws and regulations for mental health facilities in jurisdictions across the United States. It answers questions and provides a view on key state laws and regulations covering licensing, approvals, recordkeeping, and reporting.

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Healthcare Transactions, Licensing, and Regulation Resource Kit
Check out this resource kit for a list of resources addressing key issues related to healthcare organizations.

Healthcare Fundamentals Resource Kit
Review this resource kit for guidance on important topics for attorneys representing clients in the healthcare industry.

Mental Health Parity and Addiction Equity Act Compliance for Employer Health Plans
Consult this discussion of the impact of the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) on employer group health plans.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.

What’s New in Practical Guidance
Discover the newest Practical Guidance content and resources in this update. This guide is designed to help you find the tools and insights you need to work more efficiently and effectively.
Trump Transition Coverage in Practical Guidance
The Trump Transition Resource Kit is a consolidated listing of guidance related to new actions and orders, and the Presidential Executive Actions Tracker is a frequently updated listing and description of many of the recently implemented presidential orders and rescissions of previous administration orders. The Executive Orders, EEOC Letters, and Other Actions Concerning Law Firms Tracker tracks executive orders signed by President Trump that challenge named law firms and any related legal actions and/or settlements.
New! Practical Guidance Journal, 2025 Second Edition features guidance for regulating AI in the workplace in 2025, Intellectual Property issues related to deepfakes, the emergence of AI in mergers and acquisitions, and a checklist to help when evaluating AI technology risks.
Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.
For Practical Guidance content on important recent trends, review these easy-to-use Resource Kits on a variety of topics:

Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
Browse the Practical Guidance Author Center to see the 2600+ leading attorney authors contributing to our 26 practice areas. Interested in becoming a Practical Guidance author? Click here for details. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.

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Experience results today with practical guidance, legal research, and data-driven insights—all in one place.

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Federal Compliance Checklist for Junk Fees

Sherica Celine — Wed, 30 Jul 2025 05:30:00 GMT

Recent Congressional actions and regulatory rollbacks by the Consumer Financial Protection Bureau (CFPB) have rescinded key rules and guidance targeting junk fees, including the proposed overdraft fee cap. In May 2025, the CFPB withdrew dozens of guidance documents and paused or dismissed several enforcement actions, significantly reducing federal pressure on financial institutions. However, the Unfair, Deceptive, and Abusive Acts or Practices (UDAAP) standards and heightened state-level scrutiny continue to pose compliance risks. To support regulatory readiness, explore this Federal Compliance Checklist for Junk Fee Practices, designed to help financial services strengthen disclosures and assess compliance with evolving regulatory expectations.

Read now »

Related Content

Fair Lending Regulation Tracker
Review this tracker, which provides frequent updates on key federal fair lending laws from bank regulatory agencies, the White House Administration, and the FTC.

Open-End Disclosure Requirements Under the Truth-in-Lending Act (TILA) and Regulation Z
Explore this content for open-end credit disclosure requirements and obligations of creditors under TILA.

Fair Lending Guidance and Disclosure Requirements for Residential Mortgages
Access our comprehensive overview of fair lending laws, regulations, and disclosure requirements related to residential mortgages under the Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), and the Fair Housing Act (FHA).

Unfair, Deceptive, and Abusive Acts or Practices (UDAAPs) Restrictions Compliance Checklist
Utilize this UDAAP checklist to assist in assessing the adequacy of policies, procedures, and controls designed to prevent UDAAP violations.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.

Trends & Insights provides the latest in news articles and insight documents on trending areas for financial service organizations, including CFPB's Vought Set To Ditch Dozens of Guidance Docs.
Financial Services Regulation Trackers provide up to date information on legislation and key administrative proceedings from federal, state and local banking authorities.
State Law Comparison Tool—Topic: Financial Institution Regulation provides federal/state-specific guidance and the ability to compare state laws for banking and non-banking financial institutions.
For Practical Guidance content on important recent trends, review these easy-to-use Resource Kits on a variety of emerging topics:
- Credit and Debit Card Regulatory Resource Kit
- CFPB Examination and Investigation Resource Kit

Trump Transition Coverage in Practical Guidance
The Trump Transition Resource Kit is a consolidated listing of guidance related to new actions and orders, and the Presidential Executive Actions Tracker is a frequently updated listing and description of many of the recently implemented presidential orders and rescissions of previous administration orders.
What’s New in Practical Guidance  
Discover the newest Practical Guidance content and resources in  this update. This guide is designed to help you find the tools and insights you need to work more efficiently and effectively.  
New! Practical Guidance Journal, 2025 Second Edition features guidance for regulating AI in the workplace in 2025, Intellectual Property issues related to deepfakes, the emergence of AI in mergers and acquisitions, and a checklist to help when evaluating AI technology risks.
Browse the Practical Guidance Author Center to see the 2600+ leading attorney authors contributing to our 26 practice areas. Interested in becoming a Practical Guidance author? Click here for details. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.   
Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.
Listen Up! The Practical Guidance and Law360 Podcasts Resource Kit features interviews with industry-leading attorneys on cutting edge issues in the law: Generative AI, NFTs, Cannabis, and more.

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Tightening the Tap: Anti-hoarding Provision Clause Insights

Sherica Celine — Wed, 30 Jul 2025 05:30:00 GMT

Stay ahead of lending risk. Explore how anti-hoarding provisions are evolving in oil & gas financing to curb borrower cash stockpiling and protect lender exposure during market downturns. This practice note dissects key anti-hoarding mechanisms from recent high-value credit agreements—providing concrete examples of thresholds, covenants, and draw conditions across the sector.

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Distressed Investing in Upstream Oil and Gas
Learn about investing in upstream oil and gas. Distressed investing is the practice of providing equity financing or purchasing assets from a company facing financial distress, due to cash flow problems or because the value of their assets is, or will soon become, insufficient to satisfy their liabilities.

Security Interests in Oil and Gas Resources
Review this practice note discussing secured financing for oil and gas exploration and development, including oil and gas collateral, perfecting the security interest, and statutory liens.

Security Interests Resource Kit
Use this resource kit to find resources regarding the creation, perfection, and priority of security interests under the Uniform Commercial Code.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.

Market Standards—Finance
Commercial Letters of Credit
Using Commercial Letters of Credit for Payment
Liability Management Transactions (LMTs) Resource Kit
Fund Finance: Subscription Facilities vs. NAV Facilities
What’s New in Practical Guidance
Discover the newest Practical Guidance content and resources in this update. This guide is designed to help you find the tools and insights you need to work more efficiently and effectively.
Trump Transition Coverage in Practical Guidance
The Trump Transition Resource Kit is a consolidated listing of guidance related to new actions and orders, and the Presidential Executive Actions Tracker is a frequently updated listing and description of many of the recently implemented presidential orders and rescissions of previous administration orders.
New! Practical Guidance Journal, 2025 Second Edition features guidance for regulating AI in the workplace in 2025, Intellectual Property issues related to deepfakes, the emergence of AI in mergers and acquisitions, and a checklist to help when evaluating AI technology risks.
Listen Up! The Practical Guidance and Law360 Podcasts Resource Kit features interviews with industry-leading attorneys on cutting edge issues in the law: NFTs, Cannabis, COVID, and more.
Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
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Artificial Intelligence (AI) Provisions in Credit Agreements Tracker identifies provisions included in select publicly filed credit agreements addressing artificial intelligence (AI) since 2022.
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OBBBA Enacts Telehealth Relief, New HSA Flexibility, and Executive Pay Limits

Sherica Celine — Wed, 30 Jul 2025 05:30:00 GMT

On July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (OBBBA), which includes several significant provisions affecting employee benefits, most of which take effect January 1, 2026. The OBBBA permanently extends telehealth flexibility for high-deductible health plans (HDHPs) and expands HSA eligibility to cover direct primary care and marketplace bronze and catastrophic plans. It raises the annual contribution limit for dependent care FSAs to $7,500 (catch this at open enrollment) and makes permanent the tax-free employer student loan repayment benefit under qualified educational assistance programs. The new law also modifies the I.R.C. Section 162(m) compensation deduction rules by requiring the aggregation of executive compensation across controlled groups. Additionally, the OBBBA introduces new tax-favored “Trump Accounts” for children under 18, with government and employer contribution options.

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Health Savings Account Design and Compliance
Check-out OBBBA’s expansion of HSAs. For months beginning after December 31, 2025, coverage under a so-called direct primary care arrangement will not cause an individual to be ineligible to contribute to an HSA. This rule applies to arrangements providing medical care consisting solely of primary care services provided by primary care practitioners under a fixed periodic fee model, so long as (1) the aggregate fees for all such arrangements do not exceed $150 per month for the individual or $250 per month if the coverage extends to any other individual (indexed for inflation for years after 2026) and (2) the services do not include procedures requiring general anesthesia, prescription drugs (other than vaccines), or laboratory services not typically administered in an ambulatory primary care setting.
Section 162(m) Tax Deduction Limit for Public Company Executive Compensation
See how the OBBBA amends the I.R.C. Section 162(m) deduction cap of $1,000,000 on compensation paid to certain executives of public companies. The OBBBA requires all entities in a controlled group to aggregate compensation paid to the same executive when determining the $1,000,000 tax deduction limit.
Education Assistance Policies: Key Drafting Tips
Consider student loan payment assistance now that the provision is permanent. The OBBBA makes permanent the I.R.C. Section 127 provision that allows employers to reimburse annually up to $5,250 of an employee’s student loan payments on a tax-free basis. The reimbursements must be made through a qualified educational assistance program. The OBBBA indexes the $5,250 limit (for educational assistance programs generally) for inflation, beginning in 2027.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.

Employee Benefits & Executive Compensation Key Legal Developments Tracker (Current)
Stay informed on new developments.
- Retirement Plans. U.S. Department of Labor's EBSA Division rescinds its 2022 compliance releasethat discouraged fiduciaries from including cryptocurrency options in 401(k) retirement plans. DOL, News Release.
- Health and Welfare Plans. HHS rescinds informal guidance interpreting sex-based discrimination, including its 2021 interpretation of Section 1557 of the Affordable Care Act, in response to executive orders and directives aimed at deregulating the executive branch. 90 Fed. Reg. 20393 (May 14, 2025); Presidential Executive Actions Tracker.
- Retirement Plans. IRS provides guidance on the federal tax withholding and reporting responsibilities of retirement plan administrators where a distribution check is issued but remains uncashed, with a subsequent check then being issued to the participant. Rul. 2025-15.
- Health and Welfare Plans. S. District Court for the Northern District of Texas vacates the 2024 HIPAA Privacy Rule amendments that had been designed to enhance privacy protections for reproductive health information. Purl v. United States HHS, 2025 U.S. Dist. LEXIS 116234 (N.D. Tex. 2025).
Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.
Review the Chevron Reversal Impact Resource Kit for analysis related to the Supreme Court’s decision to overturn four decades of deference to federal agency interpretations of ambiguous statutes.
Keep current on Trump administration developments by referencing the Presidential Executive Actions Tracker, Legal Challenges to 2025 Presidential Executive Orders and Actions Tracker, Executive Orders, EEOC Letters, and Other Actions Concerning Law Firms Tracker, and Trump Transition Resource Kit.
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Discover the newest Practical Guidance content and resources in this update. This guide is designed to help you find the tools and insights you need to work more efficiently and effectively.
Browse the Practical Guidance Author Center to see the 2600+ leading attorney authors contributing to our 26 practice areas. Interested in becoming a Practical Guidance author? Click here for details. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.
Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
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