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January 14, 2025

Tech It from Us: See our New Note on Technology in the Workplace

Do you need guidance on common workplace technology legal issues? Check out Technology and the Workplace: Key Employer Issues (Federal and CA) , by Y. Douglas Yang, Sheppard, Mullin, Richter & Hampton LLP. Read now » Related Content Generative Artificial Intelligence (AI) Resource Kit Access current guidance on generative artificial intelligence (AI), including with respect to workplace issues. ...

January 14, 2025

The Final Hurdle: Understanding Closing Conditions in M&A

Clients rely on their counsel to help them navigate all the mechanics of a deal closing. Counsel is generally responsible for, among other things, finalizing the main transaction document and other deliverables, obtaining regulatory approvals and corporate consents, and circulating signature packets for closing deliverables. Prepare for your next closing with this resource kit listing the comprehensive content available...

January 14, 2025

Retail Space Needed for Cannabis Dispensaries

Marijuana retailers are setting up shops in cannabis approved jurisdictions across the country to meet growing consumer demand. While leasing commercial spaces to cannabis businesses may be profitable, doing so can present risks to landlords. Read this article discussing challenges and key lease terms for renting to cannabis businesses. Read now » Related Content State-Legalized Marijuana and Real Estate...

January 14, 2025

New Year Insights: Partnership Agreements and Allocations

The allocations that partners establish in their partnership agreement determine each partner's distributive share. A partner’s distributive share is that fraction of a partnership's items of income, gain, loss, deduction, and credit that the partnership agreement allocates to that partner in a particular taxable year. The partnership agreement is the starting point for the Internal Revenue Code's analysis...

January 07, 2025

New Year, New Resource Kit: Insurance Bad Faith

Dive deep into our growing collection of Practical Guidance content addressing insurance bad faith. Read now » Related Content Insurance Bad Faith Coverage Litigation Review common grounds for insurance bad faith claims and bad faith litigation issues, including jurisdiction-specific bad faith standards, insurer defenses, discovery points, and considerations related to available types of damages. Bad...

January 07, 2025

Fashion Law: Protection of Designs under Intellectual Property Law Q&A Video

Different aspects of fashion designs may be protected under trademark, trade dress, design patent, and copyright law, but no single law or area of law in the United States protects a fashion design in its entirety. This video by Francesca Witzburg, founder and managing partner of ESCA Legal, discusses the protections available for fashion designs under U.S. intellectual property law. Watch now » Related Content...

January 07, 2025

Unfurgettable: Launch the New Year with a Service Animal and Pet Workplace Policy

Do you need a policy that governs an employer's rules on animals in the workplace? See Service and Emotional Support Animals and Pets Policy (with Acknowledgment) (Non-Public Workplace) by Valentina Palmer, Barron & Redding, P.A. Read now » Related Content Service and Emotional Support Animals and Pets Policy (Public Accommodation or Place) Implement a service and emotional support animals and pets...

January 07, 2025

Delaware, New York, California, Texas, and Florida Walk Into a Chart ... (It’s No Joke!)

How does Florida law compare with Delaware law on the subject of successor liability and de facto mergers in asset sales? Does California impose more stringent fiduciary duties on directors and controlling shareholders in M&A deals than Texas? Answer these questions, and many more, quickly and easily with Practical Guidance’s new Private M&A Jurisdictional Comparison Chart! Covering five jurisdictions and...

January 07, 2025

Lateral Moves for Attorneys: New Year, New You?

Thinking about making a move in the new year? We consulted three experts about what to consider when thinking about a lateral move, how to navigate your ethical responsibilities, and practical tips for associates, counsel, and partners. Check out their guidance at the link below! Read now » Related Content Professional Development: Life as a Senior Litigation Associate Find everything you need to know about...

January 07, 2025

Registration Requirements under Section 12 of the Exchange Act

Unlike registration of the offer and sale of securities under the Securities Act, Section 12 of the Exchange Act involves registration of an entire class of securities if conditions are met, including listing on a national securities exchange for Section 12(b) and crossing minimum asset and securityholder thresholds for Section 12(g). An issuer with securities registered under Section 12 becomes a reporting company subject...

January 07, 2025

State-by-State Analysis: Funding Brownfield Reclamation and Redevelopment

This survey identifies state laws and regulations relating to state-controlled tax credits, tax incentives, grants, loans, and financing for the development of a brownfield site. The survey provides statutory references to state law governing brownfield site cleanup, remediation, land recycling, and eligibility requirements for incentive programs for all 50 states, the District of Columbia, and U.S. territories, where...

January 07, 2025

Who Will Arbitrate the Client's Case?

Learn about best practices for locating, vetting, and selecting an arbitrator for an arbitration proceeding in the United States. Acquire knowledge about steps to take to find potential arbitrators, as well as issues to consider when vetting and selecting an arbitrator. As arbitral awards are difficult to challenge, selecting the right arbitrator is a critical decision counsel will want to make with knowledge and care...

January 07, 2025

Go with the Flowchart: FOIA and Privacy Act Requests

This easy-to-follow flowchart outlines the steps and interaction between the Privacy Act of 1974, 5 U.S.C. § 552a, and the Freedom of Information Act (FOIA), 5 U.S.C. § 552, when first and third parties seek Privacy Act records. Read now » Related Content Privacy Act of 1974 and FOIA: Interaction and Key Differences Learn the different aims of the Privacy Act and FOIA and how they work in conjunction...

January 07, 2025

New Year Insights: Navigating Changes in Partnerships and LLCs Interests

As we step into the new year, it's a great time to reflect on any changes in partnership interests that took place in 2024. The sale or exchange of a partnership interest is only one way in which partnership interests can change. For example, if a partner, such as an attorney in a law firm, leaves their partnership, either the partner can sell their interest back to the partnership or the partnership can liquidate...

January 07, 2025

Does Jevic Stop Payments to Unsecured Creditors in a Settlement?

In Jevic , the Supreme Court held that the Bankruptcy Code does not allow bankruptcy courts to approve distributions to creditors in a structured dismissal of a Chapter 11 case that violates the Bankruptcy Code's ordinary priority rules without the consent of creditors. Check out this expertly drafted article discussing a Second Circuit decision addressing whether, under Jevic , a settlement can be approved that distributes...

January 07, 2025

Ring in the New Year! SECURE 2.0 Changes Effective in 2025

The SECURE 2.0 Act was signed on December 29, 2022, with provisions effective in successive years. Two of the mandatory provisions affecting applicable plans come into effect for plan years beginning in and after 2025. They consist of an expansion of the minimum participation standards for long-term part-time employees contained in the first SECURE 2.0 Act and a new mandate for most newly established salary deferral plans...

January 07, 2025

Upstream, Midstream, and Downstream O&G Market Trends

Review this new practice note providing an overview of the upstream, midstream, and downstream sectors of the oil and gas (O&G) industry. This practice note also discusses recent market trends in publicly filed credit agreements from the last year. The data analyzed was obtained using Market Standards , Practical Guidance’s searchable database of publicly filed credit agreements and commitment letters. Read...

January 07, 2025

Artificial Intelligence: Fair Lending Considerations

Federal laws have introduced new regulations and guidelines for lenders using artificial intelligence (AI) and machine learning (ML) tools, particularly focusing on fair lending practices. These laws aim to ensure that AI and ML are used in a manner that promotes fairness, transparency, and non-discrimination in lending. Explore this practice note written by Will Atherton and Edrius D. Stagg of Reed Smith LLP for an insightful...

January 07, 2025

Medicare Reimbursement Appeals

Check out this practice note for an explanation of the process for appealing Medicare Part A and Part B Fee-for-Service claims denials and cost report determinations. Read now » Related Content Medicare Reimbursement Audit Checklist Navigate the Medicare reimbursement audit process with this helpful checklist. Practical Guidance Updates Featuring the latest updates from your Practical Guidance account...

January 07, 2025

New Year, New Venture

Joint ventures are commonly formed between two or more entities for purchasing, developing, and managing real property. Parties to the joint venture usually enter into a written agreement allocating and sharing the associated responsibilities, liabilities, expenses, and profits. A well-negotiated joint venture agreement also contemplates the eventual sale of the project and related exit strategies. Check out this forced...

December 17, 2024

What Does Trump II Portend for Antitrust Enforcement?

This November, now President-elect Donald Trump won a decisive electoral victory. Republicans also gained control of both chambers of Congress. As one of many results, sweeping changes in policy, priorities, and personnel are likely coming for antitrust enforcement at the Federal Trade Commission (FTC) and Department of Justice’s (DOJ) Antitrust Division. How the new Administration will approach antitrust is already...

December 17, 2024

The Holiday Season Means One Thing: Amendments to the Bankruptcy Rules!

In December 2024, the amendments to the Bankruptcy Rules became effective. Virtually all of the Bankruptcy Rules were amended as part of the general restyling to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. Bankruptcy Rules 1007, 4004, 5009, 7001, and 9006 were also amended and new Bankruptcy Rule 8023.1 was added to...

December 17, 2024

How to Challenge the Admissibility of Deepfakes under the FRE

Worried about deepfakes? Fear not! Our new expert-authored practice note will teach you how to challenge the authenticity and admissibility of potential deepfakes under the Federal Rules of Evidence (FRE). Our expert also provides strategies to prove digital evidence is fake. Check it out at the link below! Read now » Related Content What Lawyers Need to Know about Deepfake Technology Find everything you...

December 17, 2024

Form 10-K Drafting and Review

All U.S. companies subject to the reporting requirements of Section 13 (15 U.S.C. § 78m) or 15(d) (15 U.S.C. § 78o) of the Exchange Act, must file an annual report on Form 10-K with the SEC. It is the most detailed and comprehensive periodic report filed with the SEC. Form 10-K discloses information about all facets of the company’s business and finances, including a description of its business, material...

December 17, 2024

Are you serving that drink responsibly? Check out the survey and find out!

Review this 50-state survey and learn about state alcohol service laws, including issues such as training for servers, limitations on happy hours, prohibitions on selling alcohol to intoxicated persons, civil liabilities, and potential exceptions to liability. Read now » Related Content Alcoholic Beverage Marketing and Advertising Read an overview of alcoholic beverage marketing and advertising regulations...