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

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

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

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

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

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

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

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

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 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

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 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

State Attorneys General’s Enforcement Predicted to Increase

While the antitrust policy priorities of the new Administration continue to be developed, one possible result of the election may be increased activity by state attorneys general (AGs). Antitrust enforcement is a shared enterprise. The Department of Justice and the Federal Trade Commission have joint jurisdiction as federal enforcers. But federal antitrust laws also empower both state enforcers and private litigants....

January 14, 2025

Handling Subchapter V From Soup to Nuts

Subchapter V of Chapter 11 remains an attractive option for small businesses. Check out this resource kit covering critical Sub V topics and tasks, including detailed information on Sub V requirements, templates for confirmation memos of law and other items that may arise in the case, a tracker to stay up to date on Sub V legal developments, and links to the official forms. Read now » Related Content Subchapter...

January 14, 2025

Improve Your Litigation Practice with ChatGPT

Want to learn more about best practices for litigators with ChatGPT? Our experts not only discuss key issues lawyers should consider when using ChatGPT but recommend possible uses for daily practice. Check out this practice note at the link below! Read now » Related Content Why Legal Departments Should Embrace AI's Work Potential Learn about why legal departments should lean in to new artificial intelligence...

January 14, 2025

CD&A Drafting Checklist

When drafting the compensation discussion and analysis (CD&A) section of a proxy statement, annual report, or other disclosure document, keep in mind that the overall goal of the disclosure is to provide a meaningful discussion and analysis of the material principles underlying a registrant's executive compensation policies and decisions for its named executive officers (NEOs), as well as the most important factors...

January 14, 2025

State-by-State Analysis: Prompt Payment Acts and Lien Waivers in Private Construction

This survey identifies state laws and regulations relating to protections and obligations of owners under the prompt payment acts (PPAs) for private construction contracts in the 50 states and the District of Columbia. Read now » Related Content Prompt Payment Acts (Public Projects) State Law Survey View this survey to understand which state has enacted a PPA for public construction projects and see details...

January 14, 2025

Can a Shareholder Inspect the Company's Books and Records?

Bolster your understanding of a shareholder's right to inspect a corporation's books and records. Topics covered in this practice note include making a demand for access to a company’s books and records, responding to a demand for books and records inspection, and considerations specific to inspection demands made by company directors. Read now » Related Content Corporate Records and Reports...

January 14, 2025

Artificial Intelligence Risk Management: Key Considerations

This practice note discusses how, in lieu of a well-regulated industry with established legal frameworks around artificial intelligence (AI), professionals interested in mitigating AI risks within their businesses will need to consider a patchwork of other sources to identify, evaluate, and mitigate AI risks, including evolving state laws, enforcement trends, and industry guidance. Read now » Related Content...

January 14, 2025

The Gift That Keeps Giving: Catch-up Contribution Changes Effective in 2025

As signed on December 29, 2022, the SECURE 2.0 Act contained provisions effective in successive years. One new feature starting in 2025 is the optional higher catch‑up contribution limit for participants who turn ages 60 through 63 during the year. These participants enjoy an expanded catch-up limit of $11,250, in addition to the regular salary deferral limit of $23,500. That permits this age group a top deferral of ...

January 14, 2025

Trends in Borrower and Affiliate Loan Buybacks

Review this new practice note providing an overview of loan buyback provisions and discussing current market trends in publicly filed credit agreements from 2023–2024. Loan buyback provisions allow a borrower and/or its affiliates to repurchase outstanding term loans at a discount on a non-pro rata basis through various methods. Read now » Related Content Finance Fundamentals Resource Kit Check out...

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...

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

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

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 »...