December 17, 2024

Product Privacy: Essential Strategies for Product Counsel

Establishing strong privacy practices goes beyond meeting regulatory requirements—it is essential for building user trust and strengthening your brand. By fostering close collaboration between product, privacy counsel, and technical development teams, organizations can proactively address potential challenges that might otherwise hinder privacy initiatives. This checklist highlights five key focus areas where legal...

December 17, 2024

I’ll Find You! The DOL’s New Retirement Savings Lost and Found Database

Seeking to reunite participants and beneficiaries with lost or forgotten retirement/death benefits, the U.S. Department of Labor (DOL) has launched its Retirement Savings Lost and Found Database, expected to become operational by December 29, 2024. Retirement plan sponsors and administrators can use the website after registering, to upload lost participant information. The DOL’s notice of information collection...

December 17, 2024

Compliance and Conservation Equal Good Business

With heightened scrutiny of environmental compliance and conservation over the past four years at the Federal level, environmental and conservation compliance has been key. While there is no telling what future compliance and conservation programs will look like, continuing compliance with current regulations is still extremely important. Learn what Federal regulations your client needs to comply with, and how to help...

December 17, 2024

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. The practice note also discusses recent market trends in publicly filed credit agreements from the last year. The data analyzed in this practice note was obtained using Market Standards , the searchable database from Practical Guidance of publicly filed credit agreements and commitment...

December 17, 2024

Sanctions in International Jurisdictions

The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) has imposed record-breaking penalties on major banks for violating the Bank Secrecy Act (BSA) and the Office of Foreign Assets Control (OFAC) sanctions. These penalties underscore the use of U.S. and international financial systems to launder illicit gains through shell companies, offshore financial centers, and service providers...

December 17, 2024

First Degree Burn: Subrogation Rights and the Tanking of the Maui Fires Settlement

Learn how a Global Settlement reached with the victims of the Maui fires may not survive numerous insurers’ efforts to enforce subrogation rights. Read now » Related Content Contribution, Subrogation, and Indemnity Delve into the definitions of each term, typical scenarios involving each issue, and strategies on how to address each issue. Contribution, Subrogation, and Indemnity Checklist Get...

December 17, 2024

ITC Rule Ready: Navigating Key Deadlines in an ITC Section 337 Investigation

Expertly manage your U.S. International Trade Commission (ITC) investigation from start to finish with this key deadlines chart for Section 337 investigations. Covered deadlines include the notice of institution, service of discovery requests, claim construction deadlines, contentions deadlines, expert discovery, summary determination, prehearing deadlines and hearing, initial determination, appeals, and more. Deadlines...

December 17, 2024

Here’s a Free Tip: Review Our New Tipped Employees Resource Kit

You’ll be grateful for our gratuity guidance, including tip credit regulation and requirements under the Fair Labor Standards Act (FLSA), state and local tip credit requirements, and FLSA tip credit / tip pooling litigation. See our new Tipped Employees Resource Kit . Read now » Related Content Tipped Employees: Best Payment Practices and Notice Requirements Explore the tip credit, tip pools, tip credit...

December 17, 2024

FDA Clinical Hold Orders

This practice note discusses clinical hold orders issued by the U.S. Food and Drug Administration (FDA) to sponsors of investigational new drug (IND) applications, including grounds for issuing a clinical hold order, how the FDA issues an order, and how a sponsor should respond to a clinical hold order to ensure a timely review. Read now » Related Content Investigational New Drug Transfer Checklist Understand...

December 17, 2024

Purchase Price Precision: Navigating Adjustments in M&A Agreements

Valuation of a target must account for many factors, and transaction parties want to ensure the price accurately reflects the true value of the business. A purchase price adjustment provision is a mechanism by which the purchase price may be increased or decreased as a result of changes to the target company’s financial condition or other specific factors between signing and closing. The adjustment operates to better...

December 17, 2024

Zoning in on California Zoning and Land Use Laws

Understanding California real estate development laws and procedures requires knowledge of, and familiarity with, state zoning ordinances, the California Environmental Quality Act (CEQA), the California Subdivision Map Act, and a host of other local, state, and federal regulations. Read this practice note for an overview of California zoning and land use planning laws. For commercial development, zoning, and planning...

December 17, 2024

“We’re Not in Kansas Anymore, Toto.” Prospects for 2025 Tax Legislation

With Republican control of the White House, the Senate, and the House of Representatives, President-elect Donald J. Trump is expected to support a wide range of policies including raising tariffs and lowering taxes. Possibilities include $2 trillion in tax cuts in addition to $4 trillion in cuts derived from Tax Cuts and Jobs Act (TCJA) extensions, maybe cutting corporate taxes even further than the present 21% top rate...

December 16, 2024

What's New in Practical Guidance - November 2024 Updates

In November 2024, LexisNexis has introduced a range of new and updated resources across various practice areas, enhancing the Practical Guidance platform for legal professionals. These additions aim to provide comprehensive support and insights into emerging legal trends and requirements. To view these resources, sign in or take a free trial today! Cross-Practice Area Resources A significant update is the introduction...

December 10, 2024

Constitutional Overreach of Privacy Impact Assessments?

Takes a deep dive into whether the Ninth Circuit's recent opinions striking down requirements for publishers to conduct and make available content harms assessments and raises questions about the viability of data privacy risk assessment requirements under consumer privacy laws, in this guidance from Squire Patton Boggs partner Alan Friel. READ NOW » Related Content Privacy Regulation in the U.S. Get...

December 10, 2024

Retirement Plan Year-End Participant Notices

Defined contribution plan administrators need to meet one or more annual participant notification requirements, usually provided just prior to the new plan year. Plans having auto-enrollment (whether EACU, QACA, or traditional) all have an annual notification requirement of that automatic feature. As most 401(k) and 403(b) plans have a qualified default investment alternative (QDIA), often a target date fund (TDF), an...

December 10, 2024

New Private Credit Resources!

Check out this new resource kit containing resources on private credit. Private credit loans are provided by nonbank lenders, usually on a bilateral basis, directly to borrowers. This resource kit includes Practical Guidance materials on these issues, including detailed practice notes, templates, clauses, and checklists. READ NOW » Related Content Private Credit Loan Transactions Read this practice note...

December 10, 2024

Anti-Money Laundering in International Jurisdictions

Anti-money laundering (AML) laws and regulations promote comprehensive frameworks for financial institutions and other entities to implement effective AML programs, ensure compliance with federal and state regulations, and facilitate cooperation with law enforcement agencies in the detection, prevention, and prosecution of money laundering and terrorist financing activities. Examine these questions and answers compiled...

December 10, 2024

Disposal of Protected Health Information under HIPAA

Understand the legal rules and best practices for the disposal of protected health information under the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules. READ NOW » Related Content Determining HIPAA-Reportable PHI Breaches Visual Checklist Know the key questions to ask when determining whether a data breach constitutes a reportable breach of protected health information...

December 10, 2024

Across the Pond and Around the Globe: International Insurance Guides

Review our growing collection of international guides in which leading law firms address essential aspects of insurance law and policy, starting with Insurance Litigation in International Jurisdictions. Read Now Related Content Litigation Funding in International Jurisdictions Explore international guides addressing essential aspects of litigation funding law and policy in which leading law firms in each of the...

December 10, 2024

Submission Safeguards: Protect Your Literary Work

Review a submission release for a writer who submits a script, treatment, or other literary work to a production company for evaluation. Understand key provisions relating to copyright ownership, usage rights and obligations, confidentiality, liability, and representations and warranties. Review Agreement » Related Content Exclusive Rights of Copyright Owners Brush up on the exclusive rights conferred on...

December 10, 2024

Happy “Holid-AI-ys!” Draft Policies to Help Workers Responsibly Use the Gift of AI

Need to help employers create artificial intelligence (AI) policies in the workplace? See our new practice note, entitled AI: Drafting Company Artificial Intelligence Policies , by Eric J. Felsberg and Douglas J. Klein, Jackson Lewis P.C. READ NOW » Related Content Artificial Intelligence (AI) Driven Tools in the Workplace Policy (with Acknowledgment) Implement a policy concerning the use of AI driven tools...

December 10, 2024

The Gift That Keeps on Giving: Drafting a Proxy or Information Statement After Signing

You just spent the last several weeks reviewing due diligence and drafting and negotiating the related acquisition agreement. Now, it's time to focus on the disclosures and information that stockholders will rely on when voting whether to approve the deal. Whether the target is public or private, communications to stockholders must be carefully crafted and sufficiently detailed to avoid creating opportunities for...

December 10, 2024

Update on Real Property Foreign Investment and Leasing

The Committee on Foreign Investment in the United States (CFIUS) has jurisdiction to review and restrict real estate transactions due to national security concerns. The U.S. Department of the Treasury recently issued a Final Rule, effective December 9, 2024, expanding CFIUS’s authority to include 59 additional military installations. Check out this article for more information. Read now » Related Content...

December 10, 2024

IRS Enforcement on High-Income Taxpayers Described as “Swift and Aggressive”

The Inflation Reduction Act provided special funding to the IRS, much of it targeted for IRS enforcement efforts. While funding for this effort was originally appropriated at $45.6 billion, a subsequent Congress reduced the amount by about $20 billion. The IRS released a report card this summer that highlighted the improvements made during its second year of IRA funding. Notably, the statement described the increased...

December 10, 2024

Do Investors Lose the Good-Faith Defense Based on Agent’s Fraud?

You represent an investor who relied on an agent to make investment-related decisions on the investor's behalf. You need to determine whether the investor, as a subsequent transferee, is protected under Section 550(b)(1) of the Bankruptcy Code. Check out this expertly drafted article discussing a recent Fifth Circuit decision addressing this issue. READ NOW » Related Content Fraudulent Transfers Read...