March 04, 2025

AI Heard it Through the Grapevine: Insurance Regulation Highlights

Review 2024 regulatory initiatives on artificial intelligence (AI) that are important for the insurance industry to understand and monitor going into 2025. Read now » Related Content Artificial Intelligence: A Primer on Technical Foundations, Legal Implications, and Insurance Coverage Develop a foundational understanding of AI, including the technical underpinnings of AI systems, emerging regulation of AI...

March 04, 2025

Right of Publicity Fundamentals Video

Be sure to watch our video by Francesca Witzburg, founder and managing partner of ESCA Legal, for an overview of U.S. right of publicity law, including the aspects of personal identity that are potentially protectable and notable defenses to right of publicity claims. Watch now » Related Content Right of Publicity Fundamentals Review the scope of the right of publicity, including the aspects of personal...

March 04, 2025

Captivating Practical Guidance: New Captive Audience State Law Survey

Do you need to review state laws prohibiting employers from harming workers who refuse to attend mandatory workplace meetings focused on union organizing or political or religious matters (so-called captive audience laws)? Review and set an alert on our newly published survey, Captive Audience State Law Survey . Read now » Related Content Union Avoidance Tactics and Tips Learn strategies for how employers...

March 04, 2025

Pharmaceutical Product Patents and Exclusivity Pre-Litigation Preparation and Strategy

Understand preemptive steps for maximizing a pharmaceutical product's regulatory and patent exclusivities and the chances of success in future patent litigation against generic drug applicants. Read now » Related Content Life Sciences Patents and Licensing Resource Kit Identify critical patent protection and product licensing topics for pharmaceutical, medical device, biotechnology, and other life sciences...

March 04, 2025

De-SPAC Clause: Minimum Cash and Net Tangible Assets Closing Conditions

Conditions to closing are heavily negotiated because failure to satisfy a condition likely gives a party the right to terminate the acquisition agreement. In de-SPAC transactions, the parties seek assurances that the "blank check" acquirer will have enough cash, and oftentimes net tangible assets that can be liquidated, to finance and close the deal. Parties may include a minimum cash condition, a net tangible...

March 04, 2025

New Tenant Protection Laws Address Housing Shortages

With an increasing shortage of rental homes, states are enacting tenant protection laws to increase tenant rights and decrease tenant displacements. Check out this article outlining new California pro-tenant laws, including laws on security deposits, limitations on charges and fees, and credit bureau reporting on rent payments. Read now » Related Content Eviction, Unlawful Detainer, and Tenant Protections...

March 04, 2025

Watch Out! Common Pitfalls with LLCs Taxed as S Corporations

A limited liability company (LLC) can be taxed as an S corporation, but an S corporation is not always a good choice. Learn the tax options available to LLCs and the advantages and disadvantages of electing to be taxed as an S corporation. When evaluating the procedures for eligibility, use this checklist to focus on the definition of small business corporations, eligible entities, ineligible entities, terminations, late...

February 26, 2025

It’s About Time: New Overtime Variation State Law Survey

Did you know that more than 10 states have overtime rules different than those set forth in the Fair Labor Standards Act (FLSA) to which employers must also adhere? Review and set an alert on our newly published survey, Overtime Variation State Law Survey . Read now » Related Content Wage and Hour State Practice Notes Chart Access links to the topics in each state's Wage and Hour practice note in Practical...

February 26, 2025

Real Estate Closings – No More Carbon Copies Required

Long gone are the days of tracking and sorting through paper contracts, making tedious edits by pen, and rushing to meet overnight courier deadlines. Today, the due diligence process and closings for real estate transactions are streamlined by cloud-based internet storage and other technology related tools. Read this article on how practicing real estate law has evolved over the years. Read now » Related Content...

February 25, 2025

Trump's Executive Order on Digital Financial Technology

On January 23, 2025, President Trump released an executive order titled "Strengthening American Leadership in Digital Financial Technology." This executive order set policy directives for cryptocurrency regulators, rescinded Executive Order 14067 (Mar. 9, 2022), and established a new, multi-agency working group, among other things. Read this article to get information on the scope of this executive order and...

February 25, 2025

Construction Law Case Tracker (Q1 2025)

This tracker identifies and summarizes recent case law affecting the construction practice area, providing excerpts from the Construction Law Digest , a monthly service that complements Construction Law . Read now » Related Content Executive Orders Impacting Construction Tracker (2025) Refer to this tracker for up-to-date information on key Trump administration executive orders affecting the construction...

February 25, 2025

Sale of Goods Agreement Playbook for your Legal Team

Obtain guidance for negotiating a sale of goods agreement between a buyer and seller of goods. This playbook includes key provisions, alternative language, and guidance that favor the buyer. Read now » Related Content Sale of Goods Agreements: Avoiding Common Pitfalls Learn how to avoid common pitfalls when drafting and negotiating a sale of goods agreement. Drafting a Sale of Goods Agreement Checklist...

February 25, 2025

Quick-View Visual Guide to Data Security Incident Response

Every day, numerous organizations experience data security incidents of varying scope and complexity. Sometimes the incident can be as straightforward as inadvertently sending an email to the wrong individual. Other times the incident can be more complicated where workstations are encrypted and business is shutdown. No matter the complexity of the data security incident your organization experiences (or suspects it has...

February 25, 2025

Just Breathe! DOL Provides VFCP Relief just prior to Regulation Freeze

Sometimes, timing is everything. In a Presidential Memorandum dated January 20, 2025, the Trump Administration froze the issuance of agency regulations pending review. Thankfully, offering a parting gift, the Biden Administration’s Department of Labor (DOL), just five days earlier, had issued final regulations to its Voluntary Fiduciary Correction Program (VFCP) providing welcome relief to plan sponsors who wish...

February 25, 2025

Guarding Secrets: The Use of Confidentiality Agreements in Finance

Read this practice note to learn how to use confidentiality agreements in financing transactions. Confidentiality or non-disclosure agreements are used by borrowers and potential lenders contemplating a proposed financing transaction to ensure that information delivered during negotiations is kept confidential and is used by the recipient solely for the purpose of deciding whether to participate in the transaction. ...

February 25, 2025

New State Law Comparison Tool Topic: Mortgage Servicing Fees

Practical Guidance offers the Mortgage Servicing Fees topic in the FSR state law comparison tool. The topic explores the statutory fee requirements in the 50 U.S. states and the District of Columbia​. This question and answer series provides guidance on permissible mortgage servicing fees for institutions. Practitioners can access the tool to gain an understanding of regulatory requirements on disclosures and statutory...

February 25, 2025

AI in Healthcare: Cautions and Considerations of a Healthcare Revolution

Check out this practice note from Practical Guidance – Healthcare to better understand artificial intelligence’s (AI) development in healthcare, and federal and state efforts to regulate its use. You will get an overview of the legal considerations associated with AI's use in healthcare, including data privacy, corporate practice of medicine, provider licensing, reimbursement, intellectual property, and...

February 25, 2025

Games Without Frontiers

Learn about the potential risks and insurance implications of the burgeoning gaming and gambling industry in the United States. The article includes a National Conference of State Legislatures map depicting states’ approaches to iGaming. Read now » Related Content Playing To Win: How Attorneys Can Help Video Game Clients Explore four key issues attorneys must understand to help clients navigate the...

February 25, 2025

Strategic Exclusion: Navigating Evidence Challenges in Inter Partes Review

Dive into a comprehensive guide on the legal framework and strategic considerations for filing or opposing motions to exclude evidence, emphasizing the importance of understanding the Patent Trial and Appeal Board (PTAB) regulations and relevant case law. This practice note discusses key grounds for exclusion, such as authenticity, hearsay, and relevance, and highlights the procedural steps involved in inter partes review...

February 25, 2025

Branch Profits Tax: Key Considerations for Multinational Corporations

The U.S. branch profits tax (BPT) is a critical component of the federal tax system, ensuring foreign corporations with U.S. branches face a tax burden similar to U.S.-incorporated subsidiaries. Imposed at a 30% rate on the "dividend equivalent amount," the BPT deters profit shifting by taxing profits not reinvested into branch assets. Introduced by the Tax Reform Act of 1986, it aligns the taxation of U.S....

February 25, 2025

License Term Sheet for Life Sciences

Understand key provisions of life sciences licensing agreement term sheets, including fields of use, retained rights and government rights, diligence milestones, and royalties. This practice note also covers business issues to consider when advising your client. Read now » Related Content Life Sciences Patents and Licensing Resource Kit Identify critical patent protection and product licensing topics for...

February 25, 2025

RWI Explained: Safeguarding M&A Transactions

Representations and warranties insurance (RWI) is a specialized tool in private acquisition agreements, designed to cover losses from unknown breaches of a seller's representations and warranties. It serves three primary purposes: supplementing a buyer's indemnification limits, providing coverage in place of traditional indemnification, and backstopping a seller's escrow or indemnification obligations. Discover...

February 25, 2025

Equity's Rollercoaster: Buckle Up for the Chapter 11 Cramdown Ride!

Chapter 11 plans often extinguish existing equity interests when the estate lacks value after paying creditor claims. However, what happens when the plan proponent proposes a Chapter 11 plan that pays all creditors in full while canceling equity interests for no consideration? Check out this expertly drafted article discussing a recent decision on this issue. Read now » Related Content Confirmation Review...

February 25, 2025

Mastering TROs: Your Essential Guide to Immediate Legal Action

Unlock essential strategies for securing a temporary restraining order (TRO) in a federal case with our practice note by Jim Wagstaffe. This comprehensive guide delves into the intricacies of TROs, including the various types of injunctions, the potential risks and benefits of injunctive relief, and the critical steps for applying for a TRO and drafting a TRO application. Check it out at the link below! Read now »...

February 18, 2025

CFPB Functions Paused: Fintechs Must Still Comply

Directives from the acting director of the Consumer Financial Protection Bureau (CFPB) bought the CFPB's supervisory, examination, investigations, communications, and enforcement functions to a halt on February 10, 2025. While this measure is promoted to reduce regulatory burdens, compliance with existing consumer protection rules is still required. CFPB issued a final rule in November 2024 which applies to big technology...