November 20, 2024

This Just In! How a Trump Administration Could Impact Employee Benefits

The back-and-forth in political ideologies is evident when reviewing the last decade of employee benefits-related guidance and the ping-pong of regulatory guidance is likely to continue. The environmental, social, and governance (ESG) rule, the fiduciary rule and its related PTEs, preventive care for pregnancy-termination, and transgender care, are each expected to be impacted. Read now » Related Content ...

November 20, 2024

Defaulting Lender and Yank-a-Bank Provisions in Credit Agreements

Review this new practice note providing an overview of defaulting lender provisions, including yank-a-bank provisions, allowing the borrower to replace a lender in the syndicate. This practice note also discusses recent market trends in publicly filed credit agreements from the fourth quarter of 2023 through the third quarter of 2024. Read now » Related Content Bank Failure Resource Kit Check out this resource...

November 20, 2024

Cryptocurrency Litigation and Regulatory Proceedings Tracker—Updated!

Litigation and regulatory enforcement actions by federal and state regulators have dominated the news feeds in the past months. Review the Cryptocurrency and Litigation tracker, developed by Jason Gottlieb, Partner at Morrison Cohen LLP, for up-to-date information on key cryptocurrency litigation and administration proceedings from the Securities Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC),...

November 20, 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). Includes thought leadership from a machine learning researcher at SonyAI. Read now » Related Content Artificial Intelligence Impacts on the Insurance Industry Learn about the important...

November 20, 2024

Answer the Question! Motions to Compel Discovery in TTAB Proceedings

See our template motion to compel discovery responses that may be used by a party to a Trademark Trial and Appeal Board (TTAB) proceeding to compel incomplete or nonexistent discovery responses. It includes guidance on the procedure, timeline, and key considerations for filing the motion. Read now » Related Content Utilize these additional template motions to compel discovery before the TTAB to compel an...

November 20, 2024

Teaching the AIBCs: New Workplace AI Training Presentation

Need presentation materials describing how artificial intelligence (AI) is impacting employment law and the workplace? See our new training presentation, AI in the Workplace: How AI is Impacting Employment Law Training Presentation , by Eric Dreiband and Mary Katherine "Kassie" Callesen of Jones Day. Read now » Related Content ​Generative Artificial Intelligence (AI) Resource Kit Access current...

November 20, 2024

Patents and Licensing Resource Kit

Find critical content on patent protection and licensing topics for pharmaceutical, medical device, biotechnology, and other life sciences products. This resource kit includes practice notes, checklists, and templates. Read now » Related Content Hatch-Waxman Safe Harbor Checklist Understand how to apply the safe harbor provision of the Hatch-Waxman Act to the drug development process. Practical Guidance...

November 20, 2024

Asset Acquisition Resource Kit: Everything You Need to Get the Deal Done!

Is your asset purchase deal leaving you feeling frazzled, adrift, and looking for help? Look no further than Practical Guidance’s Asset Acquisition Resource Kit! Packed with over 200 different practice notes, checklists, templates, and other guidance, this resource kit has everything you need to get from LOI to closed. Read now » Related Content Asset Purchase Agreement Basics See this great introduction...

November 20, 2024

Industrial and Warehouse Leases: How They Differ from Other Commercial Leases

Industrial or warehouse spaces are used for light manufacturing, assembly, distribution, and warehousing. These spaces typically do not require significant work by the tenant prior to occupancy. However, industrial and warehouse spaces generally require compliance with additional environmental and zoning regulations. Check out this lease for use with Indiana warehouses or industrial spaces. Read now » Related...

November 20, 2024

2024 State Ballot Tax Issues--What Were the Results?

Many tax-related ballot issues were raised across all 50 U.S. states and the District of Columbia for the 2024 election year. The issues spanned measures related to income tax, sales and use tax, property tax, and miscellaneous taxes, put out there for voter approval. This state law survey gathers the results. For example, Colorado proposed, and voters approved, an Excise Tax on Firearms Dealers, Manufacturers, and Ammunition...

November 19, 2024

Navigating HHS' New Reproductive Healthcare Privacy Rule

Over the summer, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights published an extensive final rule amending the Health Insurance Portability and Accountability Act (HIPAA) privacy rule, providing new protections for the privacy of reproductive health information. Find out what has changed and the potential benefits of the amendments. Read now » Related Content HIPAA Resource...

November 19, 2024

Navigating Florida's Shorter Construction Defect Claim Window: What Homeowners and Builders Need to Know

On July 1, the Florida Legislature reduced the time to bring a claim for construction defects from 10 years to seven years. Because of the reduction in time, many condominiums and townhome communities may not discover construction defects until after claims are barred. However, there are circumstances that toll the statute of limitations and steps that homeowners and builders can take to protect their interests. Read...

November 19, 2024

Breach of Fiduciary Duty State Law Comparison Tool

Explore our new State Law Comparison Tool topic, Breach of Fiduciary Duty. Read now » Related Content Breach of Fiduciary Duty Claims Learn how to investigate and prepare claims for breach of fiduciary duty. Breach of Fiduciary Duty Allegations in Commercial Litigation Cases Use these sample allegations in a complaint when asserting a breach of fiduciary duty claim in a commercial litigation case....

November 12, 2024

If You Build it, Will Lenders Come?

The oil and gas production, transmission, and processing landscape has become more competitive even as prices are falling. Fields in Pennsylvania, the Dakotas, Ohio, and even New York require new and innovative ways to transport natural gas from well to processing facility. Any new transportation project will require tens of millions or more in financing. To understand the risks and rewards of taking on this type of project...

November 12, 2024

Healthcare Financing: What’s Trending?

Make sure you are up to date on the latest trends in healthcare financing. This practice note discusses current market trends in publicly filed credit agreements for healthcare service providers from the fourth quarter of 2023 and the first three quarters of 2024, including healthcare-specific covenants and representations, collateral issues, and anti-assignment laws. Read now » Related Content Healthcare...

November 12, 2024

Proposed Mortgage Assistance Rule Offers Tip for Servicers

The Consumer Financial Protection Bureau recently issued a proposed rule that, if passed, would alter the current Regulation X mortgage servicing procedures. Regulation X provides consumer protection in the context of several substantive aspects of the mortgage process, including loss mitigation procedures for residential mortgage servicers. Read this Law360 Article for an overview of the proposed amendments and compliance...

November 12, 2024

Physician Self-Referral Disclosure Protocol Checklist

Identify when the Centers for Medicare and Medicaid Services (CMS) Physician Self-Referral Disclosure Protocol (SRDP) comes into play and learn how to complete and submit disclosure forms to CMS. Read now » Related Content Physician Self-Referral Prohibition (Stark) and False Claims Act, Civil Monetary Penalties, and Compliance Plans Learn about the principal methods used to police Medicare and Medicaid...

November 12, 2024

It’s All ‘bout Those Claims (No Trouble)

Get clarity on how states approach unfair claims practices to help insurers (and their intermediaries) stay out of the litigation crosshairs. Read now » Related Content Claims Quality Assurance (QA) Review Learn about the key elements of Claims QA programs so you can assist in the design of Claims QA and conduct Claims QA reviews. Claims Quality Assurance (QA) Review Checklist Review the elements,...

November 12, 2024

Specific Performance, Damages, or Fees: Remedies for Failed M&A Deals

When an acquisition transaction fails to close, parties consider three primary remedies: specific performance, monetary damages, or a termination fee. The availability and use of any of these remedies depends on factors like the provisions in the signed acquisition agreement, the circumstances surrounding the failure to close, and prior case law. Careful consideration is needed when exercising these remedies, as they...

November 12, 2024

Venturing Into Real Estate Investment

Real estate joint ventures are formed between two or more entities to purchase, develop, and manage real property. Due to the complexity of these ventures, parties typically enter into a joint venture agreement to allocate and share the associated responsibilities, liabilities, expenses, and profits. Check out this waterfall distribution clause for a joint venture agreement providing for the order in which available excess...

November 12, 2024

Is Your Pleading Fit for the Purpose of Asserting an Implied Warranty Claim?

Review this checklist before asserting a breach of the implied warranty of fitness for a particular purpose claim. Build your understanding of whether the UCC applies, the required elements for alleging a claim, as well as other important issues that should be addressed when filing a claim. Read now » Related Content Uniform Commercial Code Article 2 Implied Warranties Read about implied warranties under...

November 12, 2024

Claim Drafting Strategies for Diagnostic Testing Inventions

Diagnostic testing patents generally claim methods for identifying a particular health condition, such as a disease, infection, or defect, based on the results of a testing process. Patents that claim a method of diagnostic testing are particularly susceptible to patent-eligibility challenges because they often involve detecting or identifying natural laws, natural phenomena, or abstract ideas—all of which are judicial...

November 12, 2024

It will Be AI Ok: Risks and Benefits of Using AI Relating to Employment Discrimination/DEI

Need guidance and best practices for counseling employers on key employment discrimination and diversity, equity, and inclusion (DEI)-related legal issues associated with using artificial intelligence (AI) tools? Read AI and DEI & Employment Discrimination: Key Legal Issues and Potential Pitfalls & Benefits by Emily Schifter, Troutman Pepper LLP. Read now » Related Content Generative Artificial Intelligence...

November 12, 2024

Six Tips for Companies Facing Service Provider Cyber Incidents

During third-party service provider incidents, businesses are not usually the ones in the driver's seat. However, they need to focus on what they can control before, during, and immediately after an incident. Check out the article below for steps to consider for a smoother ride. Read now » Related Content Third-Party Vendor Data Privacy Risk Management Read up on legal requirements and best practices...

November 12, 2024

The Numbers Are In! IRS Updates Plan Limits for 2025. Will You Be in Compliance?

The IRS announced recently the 2025 limits that apply to qualified retirement plans and IRA contributions. The new annual elective deferral limit under IRC Section 402(g) that applies for 401(k) and 403(b) plans rises by just $500, to $23,500. Catch-up contributions remain at $7,500, except for those who first attain ages 60, 61, 62, or 63 in 2025. There, under SECURE 2.0 Act changes, the catch-up limit for 2025 (if the...