June 17, 2025

United We Stand: Joint Defense in Antitrust Investigations and Litigation

There is strength in numbers. And this aphorism is especially true in antitrust matters. Joint defense is a common scenario in antitrust cases. Whether in massive cartel investigations, litigation, or merger reviews, antitrust lawyers often find themselves working hand-in-hand with lawyers representing different clients. Cumbersome? Annoying? Advantageous? Yes—to all three. Working effectively in joint defense is...

June 17, 2025

Court Agrees with Lender: No Bankruptcy For You! Next!

In a recent ruling, the U.S. Bankruptcy Court for the Northern District of Illinois dismissed a Chapter 11 filing, citing the lack of consent from an independent director appointed by the lender. This case highlights the ongoing legal debate over the balance between lender protections and a borrower's right to seek bankruptcy relief. Check out this expertly drafted article discussing the decision. Read now »...

June 17, 2025

Stay Ahead: Your Go-To Tracker for 2025 Executive Order Challenges

Explore a comprehensive resource designed to keep you informed about the newest lawsuits against the current administration’s executive orders. Organized in reverse chronological order, this tracker is meticulously reviewed and updated at least weekly, ensuring you have access to the most current and relevant information. Stay ahead with this essential tool for navigating the evolving legal landscape. Read now...

June 17, 2025

Form 1-A Form Check: Checklist

Modernized Regulation A creates two tiers of offerings: Tier 1, for offerings up to $20 million (including no more than $6 million on behalf of selling security holders) in a 12–month period; and Tier 2, for offerings currently up to $75 million (including no more than $22.5 million on behalf of selling security holders) in a 12–month period. Issuers that wish to engage in a Regulation A offering use Form...

June 17, 2025

Designing Success: The Ultimate Architect Services Playbook

Unlock the secrets to seamless architect negotiations with our comprehensive guide. The Architect Services Playbook offers a strategic framework for drafting and negotiating service agreements, complete with preferred provisions, fallback language, and expert drafting tips. Whether you represent the owner or architect, this playbook equips you with practical guidelines to navigate potential risks and protect your interests...

June 17, 2025

High Stakes, Higher Standards: Mastering Ownership and Control Changes in Massachusetts Cannabis Law

Considering investing in or restructuring a cannabis business in Massachusetts? This comprehensive guide demystifies the regulatory maze surrounding ownership and control changes, offering cannabis operators and attorneys a step-by-step breakdown of what the Massachusetts Cannabis Control Commission (CCC) expects—from initial filings to municipal approvals. Whether you're navigating investment deals, license...

June 17, 2025

Lessons from a Pennsylvania Wiretapping Class Action Dismissal

An online retailer recently successfully asserted consent as a complete defense to a putative Pennsylvania Wiretapping and Electronic Surveillance Control Act class action, resulting in the dispositive dismissal of the action. The decision provides key insights and lessons on how online notice and consent can be leveraged to directly address and mitigate legal risks and class action liability exposure arising from the...

June 17, 2025

Small Accounts? Send it to the State’s Unclaimed Property Fund

The DOL’s Employee Benefits Security Administration (EBSA) recently announced a temporary enforcement policy under ERISA that makes it easier to unload small retirement benefit payments owed to missing participants or beneficiaries. Provided the participant's or beneficiary's nonforfeitable account/accrued benefit is $1,000 or less (without counting any outstanding plan loan), a responsible plan fiduciary...

June 17, 2025

Joint Venture Insights for Financial Professionals

When a client asks whether entering into a joint venture is allowed under its current credit facility, it’s important to assess potential restrictions in the credit agreement. These agreements often limit a borrower’s ability to acquire, form, or participate in joint ventures. This practice note provides guidance on how to analyze and respond to such inquiries. Read now » Related Content Joint...

June 17, 2025

The CTA: A Legal, Political, and Regulatory Battle Over Beneficial Ownership Disclosure

Beginning on April 25, 2025, foreign reporting companies began submitting Initial Beneficial Ownership Information (BOI) reports to FinCEN, under the Corporate Transparency Act (CTA). However, controversy persists following the March 2025 Interim Final Rule issued by the U.S. Treasury Department, with some regulators arguing that transparency is crucial to combating financial crimes. Explore this client alert digest for...

June 17, 2025

The Billing and Collections Policy Compliance Checklist You Can’t Afford to Miss

Check out this checklist from Practical Guidance – Healthcare that outlines the required elements of a nonprofit hospital's Billing and Collections Policy under Section 501(r) of the Internal Revenue Code. The checklist establishes what actions a nonprofit hospital may take to obtain payment for healthcare services, including steps to determine eligibility for financial assistance prior to initiating extraordinary...

June 17, 2025

Texas Two-Steps Around the AMA Guides Sixth: Still Dancing with the Fourth Edition

If medical science has evolved, someone forgot to tell the Texas Labor Code. Although the Lone Star State is considering adoption of the newly released AMA Guides Sixth, it’s still flipping through the well-worn AMA Guides to the Evaluation of Permanent Impairment, 4th Edition (1993)—and it shows, y’all. Read now » Related Content Workers’ Compensation Law (TX) Dig deep into a comprehensive...

June 17, 2025

Rule-ing Your 30(b)(6) Depositions: Preparing a Patent Owner Witness Effectively

Explore this guidance on the key aspects of preparing a corporate representative for a deposition in patent litigation, expertly authored by Charles A. Weiss of Holland & Knight LLP. The practice note covers the scope and purpose of a Rule 30(b)(6) deposition, objecting and responding to a deposition notice, the selection and preparation process for the witness, the topics that may be covered during the deposition...

June 17, 2025

“Sometimes It Feel Like Some Bot Is Watching Me”—AI and Employee Privacy

Want to know how to balance the benefits of artificial intelligence tools against associated risks to employee privacy? Read our practice note, Artificial Intelligence (AI) and Employee Privacy , by Damon Silver, Eric Felsberg, Douglas Klein, Gregory Brown, Julia Bover, and Cindy Huang of Jackson Lewis P.C. Read now » Related Content Generative Artificial Intelligence (AI) Resource Kit Access current guidance...

June 17, 2025

FDA Complete Response Letters

This practice note covers how to respond to a complete response letter issued by the FDA as part of the agency’s new drug application (NDA) or biologics license application (BLA) process. Read now » Related Content FDA Drug Regulatory Activity Tracker Set an alert on this editorially curated resource to monitor FDA regulatory activity affecting your clients in the pharmaceutical industry. Practical...

June 17, 2025

Deal Smarter: Joint Venture Essentials from Practical Guidance

Joint ventures bring together two or more parties to collaborate on a specific business opportunity. They may be structured as contractual arrangements, new entity formations, or investments in an existing business. Key considerations include defining the joint venture’s purpose, scope, governance, capital contributions, and exit strategies. Use this Joint Venture Resource Kit to access essential practice notes...

June 17, 2025

Revitalizing Class B Malls

Class B malls have struggled in recent years with the decrease in mall shoppers and the departure of anchor tenants. Developers and owners are revitalizing Class B malls and filling vacancies by introducing mixed-use elements such as apartments, hotels, healthcare facilities, entertainment centers, and dining options. Read this article for more insights. Read now » Related Content Attorney's Role in...

June 17, 2025

Waiting on GILTI's Big Beautiful Shift

The One, Big, Beautiful Bill Act (H.R. 1), recently passed by the U.S. House, introduces major changes to the Global Intangible Low-Taxed Income (GILTI) regime that could impact multinational corporations. It makes the current 49.2% GILTI deduction rate permanent, preventing the scheduled drop to 37.5% under the Tax Cuts and Jobs Act (TCJA) (note: the 49.2% rate reflects analytical models, not a statutory figure) (see...

June 11, 2025

Navigating the Insurance Maze in Mass-Tort Bankruptcies: Strategies for Success

In the complex world of mass-tort bankruptcies, insurance coverage often becomes the linchpin for successful reorganization. From understanding the role of insurance in bankruptcy to navigating settlement negotiations and litigation, this expertly drafted practice note offers invaluable insights for legal professionals. Read now » Related Content Mass-Tort Bankruptcies Review this practice note for a discussion...

June 11, 2025

Why Training Partners to Supervise AI Is Now a Priority

Discover how law firms are leading the way in integrating generative artificial intelligence (AI) into their operations by equipping their senior partners with essential skills in prompt engineering. Some firms have implemented innovative training programs, designed to ensure that all team members, including senior partners, are well-prepared to meet new ethical obligations and competency requirements. Learn how this...

June 11, 2025

Drafting Subscription Agreements in Connection with Private Placements

When engaging in a private placement of limited liability company (LLC) interests, it is essential to tailor the requisite agreements to the corporate form and the circumstances of the LLC. Use this template to draft a short-form subscription agreement in connection with a private placement in which LLC membership interests are sold to an investor. Read now » Related Content Private Placement Memorandum...

June 11, 2025

A Look Into New York's Cannabis Regulations

Curious about how New York’s cannabis industry really works? Dive into this comprehensive guide to cannabis regulation in New York, breaking down everything from licensing and compliance to social equity and legal challenges. Whether you're a business owner, advocate, or just interested in the legal landscape, this is your roadmap to understanding and thriving in New York’s evolving cannabis market. ...

June 11, 2025

Global Data Transfer Simplified: New CBPR Certification Launched

Starting June 2, 2025, organizations can apply for the new global Cross-Border Privacy Rules (CBPR) certification, enabling seamless data transfers across participating countries. This voluntary certification is initially available to companies in Japan, Korea, Singapore, Taiwan, and the United States. With nine member countries and four associates, the forum aims to expand its reach, inviting more nations to join. ...

June 11, 2025

Crypto Corner: Including Crypto Currency Investment in Retirement Plans

In late May, the Department of Labor (DOL) issued Compliance Assistance Release No. 2025-01 , which rescinds Compliance Assistance Release No. 2022-1 , published by the Biden Administration. The earlier release had advised 401(k) plan fiduciaries to avoid including cryptocurrencies as direct investment options in their retirement plans, urging 401(k) plan fiduciaries to exercise "extreme care" when considering...

June 11, 2025

Summer is the Time for Everyone to Prepare for Another Winter of War in Europe

Energy markets in Europe weathered a relatively mild winter filled with war. European countries have taken steps to protect their energy infrastructure and have largely weaned themselves off Russian natural gas thanks to the help of American-produced liquified natural gas. But, with hostilities remaining in full swing, winter weather is just a few short months away. Help your domestic and international clients prepare...