January 27, 2021

Capitol Insurrection: Can Employees Be Terminated for Off-Duty Conduct?

In the days following the recent riot at the U.S. Capitol, there have been many reports of employees being terminated or suspended due to their participation. Are you prepared to advise employers on laws that prohibit discrimination against workers because of their off-duty conduct, including their political activities? READ NOW: Off-Duty Conduct and Lawful Activities Discrimination State Law Survey » Related...

January 27, 2021

Help Is Here: New PPP Loans Are Available

Learn the rules and conditions of the new tranches of Paycheck Protection loans. The SBA has recently set start dates and procedures, and issued two new interim final rules—one for first draw loans and one for second draw loans. This article discusses the program start-up and highlights key provisions of the two new implementing rules. READ NOW » Related Content The “New and Improved” Paycheck...

January 27, 2021

2020 Hindsight and What’s on the Horizon for New York Real Estate in 2021

COVID-19 upended the New York real estate market in 2020. Learn about these changes and what to expect in 2021. READ NOW » Related Content Force Majeure Clauses (NY) Learn to draft, negotiate, and understand force majeure clauses in New York real estate contracts and leases. Purchasing and Selling Commercial Real Estate Resource Kit (NY) Access everything you need for a New York commercial purchase and...

January 27, 2021

Check Yourself Before You Wreck Yourself: Form 10-K Form Check: Checklist

Public companies with their fiscal year ending December 31, 2020 must file an annual report on Form 10-K by March of this year. Use this checklist to keep your clients’ filings compliant. READ CHECKLIST NOW » Related Content Smaller Reporting Companies: Disclosure and Reporting Requirements Understand SRCs’ recently updated scaled disclosure requirements. LIBOR Phase-Out 2021 Risk Factor Disclose...

January 27, 2021

Lessons Learned From a Virtual ITC Patent Trial

This article discusses 10 lessons learned from the authors’ recent experience conducting a virtual trial in a patent case before the International Trade Commission (ITC). READ NOW » Related Content ITC Section 337 Investigations in Patent Infringement: Overview Learn more about ITC Section 337 investigations involving patent infringement allegations, including the substantive elements of a Section...

January 27, 2021

A Focus on Environmental Risks in M&A Transactions

In an increasingly virtual world, environmental risks remain an important area of focus in M&A transactions. Buyers must be aware of potential environmental liabilities associated with the acquisition of a particular target and understand how to effectively allocate any environmental risks. This practice note, drafted by Annemargaret Connolly and Thomas D. Goslin of Weil, Gotshal & Manges LLP, discusses environmental...

January 27, 2021

Trust in Trustees?

You are suddenly served with a motion filed by the U.S. Trustee for appointment of a Chapter 11 Trustee in a complex Chapter 11 bankruptcy proceeding you are involved in. You spent months prior to the bankruptcy filing negotiating directly with the debtor’s management. Now, the U.S. Trustee is alleging that the debtor’s senior management grossly misled public shareholders during an annual meeting of the stockholders...

January 22, 2021

Insurance for Cyber Risks in M&A Transactions

Cyberattacks are an increasingly common risk for corporations in the modern age. As a result, sophisticated buyers in a mergers & acquisitions (M&A) transaction often need to do more than perform cyber due diligence when mitigating cyber risks connected to the acquisition of a target company. This practice note, drafted by Jennifer H. Thiem and Jeffrey J. Meagher of K&L Gates LLP, discusses two important options...

January 22, 2021

EEOC Intervention in Discrimination Cases: New Wave Pending?

With the new presidential administration, there could be a significant uptick in enforcement activity by the U.S. Equal Employment Opportunity Commission (EEOC). Are you prepared to advise employers on the EEOC complaint and investigation process? READ NOW » Related Content EEOC Enforcement of Anti-Discrimination Laws: Key Considerations Review essential guidance on how federal, state, and local administrative...

January 22, 2021

Do You Wanna Be Startin’ Somethin’? Check Out the New Start-Up Resource Kit!

This comprehensive resource kit includes Practical Guidance materials for an array of legal needs and detailed practice notes, forms, and checklists. The Start-Up Resource Kit includes content from the spectrum of Practical Guidance practice areas to identify areas of importance for start-up companies. The resources identified in this resource kit provide valuable guidance and insights to start-up company founders and...

January 22, 2021

Trademark Modernization Act and Its Impacts on Trademark Practice

This article discusses the key changes to trademark law contained in the Trademark Modernization Act of 2020 (TMA), including a rebuttable presumption of irreparable harm, a process for submitting third-party evidence during trademark examination, shortened office action response periods, and new ex parte expungement and reexamination procedures for canceling existing registrations. READ NOW » Related Content...

January 22, 2021

Cybersecurity Risk Factors: Drafting Tips and Best Practices

Review this form of risk factors that describes cybersecurity issues and potential risks, and may be included in a public company’s annual and periodic reports, registration statements, and other offering documents and filings with the U.S. Securities and Exchange Commission (SEC). READ NOW » Related Content Lawyers’ Data Targeted in String of Bar Association Hacks Access this article for the...

January 22, 2021

What’s Your Excuse? Conditions That Will Excuse Nonperformance After Contract Formation

Learn about various conditions that may arise after contract formation that will justifiably excuse a party’s performance obligations. READ NOW » Related Content Excuses for Nonperformance: Conditions Preceding Contract Formation Read and compare why a party’s contractual obligations may be excused as a result of conditions existing prior to contract formation. Duty and Performance Requirements...

January 22, 2021

Crossing the Threshold: Schedule 13D or 13G Filing Chart

Under the Exchange Act, beneficial owners of more than 5% of certain equity securities must disclose such ownership on either Schedule 13D or Schedule 13G. The deadline to file periodic disclosure is 45 days after the end of the calendar year, whereas the initial filing deadline is relative to the acquisition date. Gear up to get these filings in on time with this chart. SEE FULL CHECKLIST » Related Content...

January 22, 2021

The Role of Economics in Merger Reviews

Economists and economic analysis can aid merging parties in the review of horizontal mergers. Our practice note, written by an economist for a legal audience, reviews the economic analysis and economic tools that economists might employ during a merger review to assist you in your analysis and advocacy. READ NOW » Related Content Federal Merger Enforcement Tracker Track DOJ and FTC merger enforcement. ...

January 22, 2021

Tax Provisions of the Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021, signed by President Trump on December 27, 2020 (Pub. L. No. 116-260), includes a number of tax provisions, many of them extenders. One of the most remarkable provisions is Congress’s decision, contrary to that of the IRS, to treat expenses satisfied with the proceeds of a forgiven Paycheck Protection Program (PPP) loan as tax deductible, which is made more remarkable in...

January 21, 2021

Changes to Rule 30(b)(6); Six Tips for Mastering the New Prerequisite

Changes to Rule 30(b)(6); Six Tips for Mastering the New Prerequisite As of December 1, 2020, before you depose an entity, you must confer in good faith with the entity about the matters for examination. We’ve got these practice tips. READ NOW » Related Content Notice of Rule 30(b)(6) Deposition (Federal) Find a form Rule 30(b)(6) notice of deposition that may be used to take the deposition of a...

January 21, 2021

Receivership: Because Sometimes, Someone Needs to Take Control

Receivership: Because Sometimes, Someone Needs to Take Control Now, more than ever, receivers play an integral role in commercial real estate foreclosures. Learn everything you need to know about this important tool for lenders. READ NOW Related Content Florida’s Uniform Commercial Real Estate Receivership Act Get a handle on changes to Florida practice triggered by this 2020 legislation. Foreclosure...

January 21, 2021

Take Your STOLI With a Twist: Stranger-Owned and Stranger-Originated Life Insurance

With the COVID-19 pandemic turning financial security into a top-of-mind priority, there is an increased interest in the secondary market for life insurance. Get up to speed on life settlements, viatical settlements, and stranger-owned and stranger-originated life insurance with this practice note, which details the insurance products and processes of life settlements, viaticals, and STOLI transactions. The note also...

January 21, 2021

New Year, New Long-Form Loan Agreement

Take our newly updated bilateral credit agreement for a test ride. This form incorporates the latest legal and market concepts, such as LIBOR transition. The agreement provides for both revolving and term loans (with provisions to obtain letters of credit) and several different interest rate options. READ NOW » Related Content Credit Agreement Resource Kit Access this one-stop shop for all your credit agreement...

January 21, 2021

Committees, Committees, and More Committees

Large, complex Chapter 11 filings are on the rise and are expected to pick up pace this year. This means an increase in the number of clients calling your office asking how they should get involved in a bankruptcy proceeding to best protect their interests if one of their borrowers, suppliers, or creditors files for bankruptcy relief. You have to advise your clients on the advantages and costs involved in being active...

January 18, 2021

Product Spotlight: Litigation Analytics on Lexis+^®

This post was originally published in January 2021 and was updated in March 2023. Litigation Analytics joins Legal Research, Practical Guidance and Brief Analysis as the industry’s only end-to-end litigation experience. From understanding your judge’s behavior and courtroom trends, to knowing your competition’s track record, you can now ensure the success of your firm or organization and safeguard...

January 18, 2021

5 Questions Litigation Analytics Can Help Lawyers Answer

As a litigator, your clients expect unmatched trial skills, sophisticated business judgment, and proven strategic advice. Increased competition and high stakes matters require you to not only do it all, but to do it more efficiently than before, and more effectively than competing litigation firms. With litigation data analytics , lawyers are able to complete legal research quickly and efficiently, determine the best...

January 16, 2021

All’s Fair in Love and … Class Actions?

Under the Class Action Fairness Act (CAFA), only minimal diversity is required for a federal court to exercise jurisdiction over certain class actions. Spend a few minutes with our leading industry expert James M. Wagstaffe to learn the factors you should analyze to determine if jurisdiction exists under CAFA in your federal court litigation. WATCH NOW » Related Content Diversity Jurisdiction: Pleading and...

January 16, 2021

Out of the Red and Into the Black—Solvency Regulation Framework for United States Insurers

The impact that COVID-19 has had on the entire insurance landscape comes with a wide-sweeping focus on solvency, as unprecedented numbers of claims under business interruption, event cancellation, and employment practices liability policies threaten the industry’s bottom line. Get current on the key regulatory components of insurance company solvency, including capital requirements, statutory accounting and financial...