December 10, 2024

A Lawyer's Guide for Meet and Greets: 5 Tips

This holiday season, take full advantage of social gatherings, where you can meet potential clients and new colleagues who could be potential referral sources. Our new expert-authored practice note provides five tips that can dramatically improve your chance of landing new business during social events. It covers topics such as preparing for the event, effective communication techniques, and following up after the event...

December 10, 2024

Closing Memorandum (Non-Shelf Registered Debt Offerings)

In a debt offering, the documents to be delivered at closing generally track the closing conditions set forth in the underwriting agreement, as well as the indenture. The closing memorandum lists all major events and actions taken pursuant to the offering, beginning with relevant board resolutions, then registration of the securities, and ending with actions taken during the closing itself and schedules of documents delivered...

December 10, 2024

State-by-State Analysis: General Liability Insurance Coverage Exclusions for Faulty Workmanship

This survey covers state law on the issue of faulty workmanship as an occurrence for purposes of coverage determination under a commercial general liability (CGL) policy. Generally, an insured's work product is not covered, but defective workmanship that causes property damage is covered. However, the states vary in their application of these general rules. Read now » Related Content Construction Risk...

December 10, 2024

New Fraud State Q&A

Use this state law comparison tool to learn about fraud actions in different states. Gain knowledge of the necessary requirements for establishing and pleading a fraud claim, potential remedies and damages, the applicable statute of limitations, and common defenses. Read now » Related Content Commercial Torts Fundamentals Read a broad overview of some of the main commercial tort claims and potential remedies...

December 10, 2024

New Fraud State Q&A

Use this state law comparison tool to learn about fraud actions in different states. Gain knowledge of the necessary requirements for establishing and pleading a fraud claim, potential remedies and damages, the applicable statute of limitations, and common defenses. Read now » Related Content Commercial Torts Fundamentals Read a broad overview of some of the main commercial tort claims and potential remedies...

December 03, 2024

Are You a Transactional Bankruptcy Lawyer? We’ve Got You Covered!

Transactional bankruptcy attorneys handle a variety of matters, including advising, negotiating, and documenting (1) in and out of court restructuring transactions, (2) financing agreements, and (3) acquisitions. Check out this resource kit including guidance for counsel handling these and other bankruptcy transactions, detailed practice notes, templates, and checklists. Read now » Related Content Bankruptcy...

December 03, 2024

How to Compel Evidence in Arbitration

Worried about compelling evidence from nonparties in your U.S. arbitration? No sweat. In this new video, our expert author breaks down the process into your available options with accessible instructions. Get pro tips and guidance by following the link below! Read now » Related Content Nonparty Discovery in Domestic Arbitration Proceedings (U.S.) Get more detail on the process and procedure for obtaining...

December 03, 2024

Rule 144A / Regulation S Offerings Resource Kit

Rule 144A and Regulation S each provide safe harbors from the registration requirements of the Securities Act. Issuers often conduct Rule 144A and Regulation S offerings concurrently, with an offering to U.S. investors relying on Rule 144A and an offering to investors outside of the United States relying on Regulation S. Use this resource kit to get practice notes, templates, checklists, and clauses that will help you...

December 03, 2024

Evaluating Damages in D.C.

Learn about the categories of damages available to a party for breach of a commercial contract in the District of Columbia, including compensatory, general, consequential, incidental, and liquidated damages. The practice note also addresses the use of contractual damage limitation provisions. Read now » Related Content Damages for Breach of Commercial Contract Checklist (DC) Review this related checklist...

December 03, 2024

Navigating Generative AI under the European Union's Artificial Intelligence Act

Wilmer Hale attorneys Itsiq Benizri, Martin Braun, and Anne Vallery discuss how the EU's Artificial Intelligence Act (AI Act) regulates generative AI or general-purpose AI (GPAI) models. Read now » Related Content Generative Artificial Intelligence (AI) Resource Kit Find and access current Practical Guidance materials on generative AI. Artificial Intelligence Legislation Tracker (2024) Track the...

December 03, 2024

The Snake Bite of Employee Benefits: COBRA Health Continuation

Next year will mark 40 years since Congress passed the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). COBRA requires employers of 20 or more employees to provide qualified beneficiaries (e.g., an employee, their spouse, or dependent) who have experienced a loss of coverage under a group health plan resulting from a qualifying event, the opportunity to receive continued plan coverage for 18 months or longer...

December 03, 2024

I Hear the (New) Train a-Comin’

Russia’s war in Ukraine has now surpassed its 1,000th day. Europe is increasingly reliant on the United States to replace its reliance on Russian natural gas. America’s liquified natural gas (LNG) terminals are the answer that is filling the void. Help your clients understand how they can expand these terminals with new LNG trains to take advantage of international opportunities for legacy U.S. assets. Read...

December 03, 2024

Don’t Make a Payment Mistake!

Read this practice note discussing market trends for erroneous payment provisions. Erroneous payment clauses are included in syndicated loan transactions to require lenders to return payments paid to them in error by the administrative agent. The data analyzed in this practice note was obtained using Market Standards , Practical Guidance’s searchable database of publicly-filed credit agreements and commitment letters...

December 03, 2024

What You Should Know about the Credit Repair Organizations Act

Credit repair services are regulated under both federal and state laws. The Credit Repair Organizations Act (CROA) is a federal consumer protection law regulating credit repair service providers. Explore this practice note for an overview of CROA, its purpose, consumer protections, required consumer disclosures, prohibitions, the right to credit repair, and recent enforcement actions from federal banking agencies. Read...

December 03, 2024

Healthcare Financing Anti-assignment Limitations

Learn how to structure financing transactions for healthcare providers to overcome anti-assignment and collection limitations on Medicare and Medicaid receivables. Read now » Related Content Medicare Reimbursement Audit Checklist Navigate the Medicare audit process and understand the primary types of Medicare reimbursement audits. Practical Guidance Updates Featuring the latest updates from your Practical...

December 03, 2024

AI and Insurance: Droppin’ Cutting Edge Fire Like a Bomb

Get the knowledge you crave from this comprehensive and illustrated primer outlining the technical underpinnings, legal implications, and insurance coverage possibilities for liabilities stemming from artificial intelligence (AI). This practice note includes thought leadership from a machine learning researcher at SonyAI. Read now » Related Content Artificial Intelligence Impacts on the Insurance Industry...

December 03, 2024

Stylish Trademarks: Selecting Classes for Applications in Fashion, Apparel, and Jewelry

Take your style and trademark protection up a level with this chart providing strategic guidance on preparing an identification of goods and/or services for a trademark application for fashion, apparel, or jewelry. This chart lists identifications from the United States Patent and Trademark Office (USPTO) Acceptable Identification of Goods and Services Manual and Nice Alphabetical List for the international classes for...

December 03, 2024

Be Responsible: Review Our New ESG Training Presentation

Interested in presentation materials explaining environmental, social, and governance (ESG) and how it affects employers, supervisors, HR professionals, and other employees? See our new training presentation, Environmental, Social, and Governance (ESG) for Employers and HR: Training Presentation . Read now » Related Content Environmental, Social, and Governance (ESG) Resource Kit Access Practical Guidance...

December 03, 2024

You Owe Me! New Video on Drafting Indemnification Provisions

Indemnification provisions and representations and warranties in private target acquisition agreements are often highly negotiated and therefore detail the specific rights and remedies of the parties in the event of a breach. This new video offers high-level guidance for drafting and negotiating seller indemnification provisions in private acquisition agreements, including the scope of seller indemnification obligations...

December 03, 2024

Keeping Up with New York City’s C-Pace Program

Most states offer Commercial Property Assessed Clean Energy (C-Pace) financing to borrowers as additional capital for constructing energy-efficient improvements. C-Pace financings are funded by private lenders and administered by local governments. Read this article discussing New York City’s recent re-release of its C-PACE program and highlighting the program’s new changes. Read now » Related Content...

December 03, 2024

How Can I Make It Up to You? Using the PILT Program for Lost Revenue on Federal Lands

The Department of the Interior's (DOI's) Payments in Lieu of Taxes (PILT or PILOT) program, is a federal initiative that offsets the loss of property tax revenue for local governments due to the presence of nontaxable federal lands within their jurisdictions. Payments are intended to supplement other federal revenue-sharing payments and can be used for any governmental purpose. DOI's Office of the Secretary...

November 20, 2024

Latest HSR Filing Ever? After 45-year Delay, Revised HSR Final Rule Issued

On October 10, 2024, the Federal Trade Commission (FTC) issued its Final HSR Rule, which substantially overhauls the HSR filing requirements and represents the most significant changes to the HSR filing regime since the Hart-Scott-Rodino Act (HSR) was enacted over 45 years ago. The FTC voted unanimously in favor of the Final Rule, with the concurrence of the Department of Justice (DOJ). The Final HSR Rule was published...

November 20, 2024

Not so Fast Shareholders; I’ll be Taking That Post-Petition Interest

In the Hertz bankruptcy case, the U.S. Court of Appeals for the Third Circuit found that Hertz (as a solvent debtor) must repay make-whole amounts and post-petition interest before it could make a distribution to shareholders. Check out this expertly drafted article analyzing this decision and the case law addressing the issues raised in the Hertz case. Read now » Related Content Make-Whole and No-Call Provisions...

November 20, 2024

What Attorneys Need to Know about Deepfake Technology

Our brand-new practice note addresses not only what deepfake technology is, but also covers topics such as the available platforms to both create and detect deepfakes and the best practices for dealing with deepfakes in your case. While some practices and strategies that apply to fighting fake evidence apply generally, sticking to old habits might not be enough to spot a deepfake in time to keep it from a jury. Check...

November 20, 2024

Domestic Resales of Unregistered Securities: Rule 144, Section 4(a)(1½), and Section 4(a)(7)

Get to know the main exemptions from registration for resales of control and restricted securities in the United States. Each of these three options has its own limitations that make them available to different types of sellers, transactions, and buyers, among other requirements. Read this practice note to get an understanding of which options may be best for your clients. Read now » Related Content Rule...