February 04, 2025

Guaranteeing a Real Estate Acquisition Loan?

Lenders typically underwrite commercial real estate loans based on the borrower’s creditworthiness and the collateral real property’s value. To mitigate the risk of a loan not being paid, lenders may require a borrower to have one or more guarantors on the loan. Check out this discussion of common types of guaranties required by commercial real estate lenders. Read now » Related Content Guaranty...

February 04, 2025

Tariffs Abound: Taking Stock of Tariffs in International Trade and Taxation

For tax practitioners, understanding tariffs is one of the keys to unlocking the complexities of international trade. Tariffs not only shape the cost structure of imported goods but also ripple through pricing strategies, supply chain decisions, and overall business operations. They can significantly influence the tax liabilities of businesses involved in global commerce, making precise tax planning and compliance essential...

February 04, 2025

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

Litigation involving prospective solar farm developments isn’t new—especially as solar projects get smaller and move to the community and local level. But litigation claims and tactics in those matters are constantly shifting and are often based on local zoning and other ordinances. Stay ahead of the litigation curve by reviewing our solar law court rulings tracker, which covers recent nationwide court opinions...

January 29, 2025

Check Yourself Before You Wreck Yourself: Workplace Safety Voluntary Self-Audits

Do you need guidance on conducting voluntary safety self-audits of the workplace to reduce potential liability under the Occupational Safety and Health Act (OSH Act)? Review our newly published practice note, Workplace Safety Voluntary Self-Audits to Reduce Potential OSH Act Liability , by Jamie J. Spataro, Littler Mendelson, P.C. Read now » Related Content OSH Act Requirements, Inspections, Citations, and...

January 28, 2025

Time to Say Goodbye: Breaking Down Spin-Offs and Divestitures

All good things come to an end eventually, and businesses may find several advantages to divesting or spinning-off of a particular division or line of business. For public businesses, a renewed focus on their core business may help rid them of a conglomerate discount to their share price. Other businesses may need to sell assets to raise capital, or free their balance sheet of unwanted liabilities arising from clearly...

January 28, 2025

When Landlords Neglect the Premises, Explore Your Options

Certain states allow residential tenants to withhold rent when their landlords fail to maintain the premises. In those jurisdictions, tenants are generally required to first inform their landlords of the conditions and provide them with opportunity to make needed repairs before abating rent. Check out this Notice of Intention to Withhold Rent that a Massachusetts residential tenant may use when their landlord neglects...

January 28, 2025

Inaugural Insights: Taking Heed of CHIPS Act Final Regulations

The Creating Helpful Incentives to Produce Semiconductors Act of 2022 (CHIPS Act), Pub. L. No. 117-167, § 107, was signed into law by President Biden on August 9, 2022. With the goal of incentivizing semiconductors and semiconductor manufacturing within the United States by implementing an advanced manufacturing investment credit, the CHIPS Act provides a credit that is equal to 25% of the qualified investment for...

January 28, 2025

Bankruptcy Timelines, Charts, and Presentations!

The Practical Guidance bankruptcy practice area contains a wide array of resources, including timelines, charts, presentations, trackers, videos, and the state law comparison tool (in addition to practice notes, templates, clauses, and checklists). Check out this resource kit assembling our unique Practical Guidance bankruptcy content. Read now » Related Content Bankruptcy Practice Fundamentals Resource...

January 28, 2025

Safeguard Your Practice: Navigate Conflicts of Interest with Confidence

Elevate your legal practice with our comprehensive How to Assess Conflicts of Interest checklist! We’ll guide you through the critical questions needed to identify potential conflicts in representation, such as scenarios with multiple clients, former clients, third-party fee arrangements, and personal conflicts. Stay ahead of potential issues and enhance your decision-making at the link below! Read now »...

January 28, 2025

Section 16 Forms: Guidance for Completing, Filing, and Amending

Public company officers, directors, and principal stockholders (collectively, statutory insiders) of companies with a class of equity security registered under Section 12 of the Exchange Act (15 U.S.C. § 78l) are required to report their beneficial ownership of, and certain transactions in, those securities. This practice note explains relevant disclosures and when and how to file and amend Forms 3, 4, and 5. Read...

January 28, 2025

Adapting Force Majeure to a Predictably Unpredictable World

This Law360 article discusses the use of force majeure clauses in a changing climate, where contracts are often unenforceable in the wake of disasters such as the L.A. wildfires, North Carolina flooding, and pandemics. Read now » Related Content Force Majeure Clauses in Construction Contracts Consult this practice note for guidance on drafting a force majeure clause in a construction contract. Drafting...

January 28, 2025

Hot off the Press! Internal Guidance for Your Sales Team When Reviewing Commercial Contracts

Review this checklist to provide guidance to non-legal company employees reviewing and executing a commercial contract. It addresses the different types of contracts requiring review, the approval process, and key provisions to be aware of when reviewing contracts, such as term, termination, pricing and payment. Read now » Related Content Contract Review and Approval Policy Use this policy template to inform...

January 28, 2025

Track 2025 Consumer Privacy Legislation Here!

Explore our latest consumer privacy legislation tracker highlighting key comprehensive privacy legislation introduced and/or showing activity at the state level after January 1, 2025. Read now » Related Content Biometric Privacy State Legislation Tracker (2025) Stay on top of proposed state biometric privacy legislation introduced after January 1, 2025. Artificial Intelligence Legislation Tracker ...

January 28, 2025

Proxies and Fiduciary Responsibilities

Fiduciaries of ERISA employee benefit plans must manage plan assets that involve securities (which can be in the form of corporate stock or mutual funds) and may be required to make and monitor decisions about voting proxies and exercising shareholder rights with respect to such securities. Proxy voting is important, as investors generally control the makeup of the board, the compensation of executives, general compensation...

January 28, 2025

Looking for an Opinion?

Lenders typically require an opinion from borrower’s counsel in connection with a financing transaction. Review this resource kit for an overview of the process of drafting and delivering legal opinions. This resource kit provides guidance materials on opinion practice, including detailed practice notes, templates, and checklists. Read now » Related Content Scope and Elements of Opinion Letters Review...

January 28, 2025

Corporate Transparency Act Regulations and Guidance Tracker

The Corporate Transparency Act (CTA) beneficial ownership information reporting was mandated under the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021. CTA requires companies that are formed or registered to do business in the United States to file a beneficial ownership report with the Financial Crimes Enforcement Network (FinCEN). As of January 2, 2025, reporting companies are not...

January 28, 2025

Medicare Conditions of Participation for Hospitals Checklist

This checklist covers the conditions of participation for hospitals participating in and receiving remuneration from Medicare. Read now » Related Content Fraud, Waste, and Abuse Policy (Hospitals and Health Systems) This policy and procedure template covers fraud, waste, and abuse by hospitals, health systems, and their workforce. Practical Guidance Updates Featuring the latest updates from your Practical...

January 28, 2025

Construction Defect Litigation: Key Insurance Issues

Learn about discovery and coverage issues and cases involving damages to construction projects and the ways to prove who was at fault. Read now » Related Content Design and Construction Defect Claims: Overview and Defense Strategies Discover the basics of a defect claim against a designer or contractor. This practice note discusses project delays due to defects or deficiencies, poor coordination or communication...

January 28, 2025

Construction Defect Litigation: Key Insurance Issues

Learn about discovery and coverage issues and cases involving damages to construction projects and the ways to prove who was at fault. Read now » Related Content Design and Construction Defect Claims: Overview and Defense Strategies Discover the basics of a defect claim against a designer or contractor. This practice note discusses project delays due to defects or deficiencies, poor coordination or communication...

January 28, 2025

Artificial Intelligence (AI) Agreements Checklist

When advising clients on negotiating and drafting contracts involving AI, use this checklist, by Jessica Bishop and Sarah Stothart of Goodmans LLP, to ensure you are considering the key legal issues. Read now » Related Content Generative Artificial Intelligence (AI) Resource Kit Access a collection of Practical Guidance resources on generative AI, organized by practice area and updated with new developments...

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

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

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

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

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 » ...