January 10, 2021

2000 Zero Zero Party Over Oops Out of Time; Securing a Default Judgment

Obtaining a default judgment over a non-appearing defendant often requires many procedural steps. Learn about each of them. READ NOW >> Related Content Notice of Motion (Federal) Review this form notice of motion that can be used to make a motion in a federal district court case. Default Judgments: Obtaining a Default Judgment Videos (Federal) Watch these videos highlighting key issues and strategic points...

January 10, 2021

Transitioning to 2021: Impact of Biden-Harris Administration on Financial Regulation

How will the new administration’s regulatory appointments, priorities, and outlook impact the financial world? This article discusses the impact on financial regulation generally and the U.S. Securities and Exchange Commission (SEC) specifically. READ NOW » Related Content Coronavirus (COVID-19) Resource Kit: Data Privacy and Cybersecurity Access this guide to Practical Guidance privacy and cybersecurity...

January 10, 2021

Going, Going, Gone! How to Expedite Patent Prosecution

Need to get a patent fast? You might be able to skip the line with one of the four procedures available at the U.S. Patent and Trademark Office (USPTO) for expediting prosecution—the Patent Prosecution Highway, petitions to make special, Accelerated Examination, and Track One prioritized examination. READ NOW » Related Content The Patent Prosecution Highway Checklist Get up to speed on the Patent Prosecution...

January 10, 2021

Nothing Succeeds Like Excess Availability

Maximize your flexibility under an asset-based credit facility. Discover how the level of excess availability may affect certain provisions in a credit agreement and current market trends in publicly filed transactions from 2020. READ NOW » Related Content Asset-Based Lending Resource Kit Master every aspect of an ABL financing with this resource kit on its core components, including detailed practice notes...

January 10, 2021

Know Your Source: Critical Considerations and Planning When Outsourcing

CLearn about important issues that should be addressed to effectively and efficiently outsource a client’s non-core activities and functions. READ NOW » Related Content Outsourcing Negotiation Plan Preparation Review this practice note when negotiating an outsourcing deal to ensure organization and discipline in these often complex agreements. Outsourcing Procurement Solicitation Process Consider...

January 10, 2021

Auld Lang Syne: 2020 in Review

Happy 2021! Looking back, we see that tax controversies continued in 2020 despite the pandemic. Plus, there were important tax developments in case law, through passage of the CARES Act and issuance of an abundance of regulations. The year 2020 also marked Congress’ passing of a late-year fiscal stimulus bill, which included tax provisions such as allowing companies to deduct expenses associated with forgiven PPP...

January 10, 2021

Custody Rules! Get in the Know and Add Value for Your Clients

In the wake of numerous high-profile scandals involving the misappropriation of client assets, the U.S. Securities and Exchange Commission (the SEC) has taken significant steps to enhance the safekeeping of client funds and securities by investment advisers, including adopting Rule 206(4)-2 under the Investment Advisers Act of 1940 (the “Advisers Act”), otherwise known as the Custody Rule. Among other things...

January 10, 2021

COVID-19 Vaccinations: A Sticking Point for Some Employees

Despite a significant number of employees expressing concern with taking the coronavirus (COVID-19) vaccine, employers have the right to require that they be vaccinated—subject to limited exceptions. Are you ready to advise employers on their COVID-19 vaccine obligations? READ NOW: Americans’ Views on COVID-19 Vaccine Raise Concern for Employers Related Content Coronavirus (COVID-19) Vaccine Policy...

December 18, 2020

Stay Current on Robinson-Patman Act Case Law

Although the antitrust agencies have not brought Robinson-Patman Act (RPA) cases in quite a while, private plaintiffs still file RPA claims regularly, and those claims often generate court decisions and opinions. This RPA chart lists the names and citations of recent cases, describes their facts and holdings, and lists the pertinent Robinson-Patman section and element. READ NOW Related Content Robinson-Patman...

December 18, 2020

One is the Loneliest Number; When to Hire a Trial Consultant

Trial preparation can be an unexpected and overwhelming burden. Learn what you need to do to get your case ready for trial and the services out there that can help. READ FULL ARTICLE Related Content Opening Statements and Closing Arguments (Federal) Discover how to prepare an effective opening statement and closing argument. Motions in Limine: Making the Motion Video (Federal) Watch a video highlighting key...

December 18, 2020

Don’t You Forget About Me! Are End-of-Year Tax Extenders on the Table?

A number of Tax Cuts and Jobs Act (TCJA) provisions—including expensing short-life business expenses, expanded deduction limit for business interest expenses, immediate deduction of research, and experimentation costs—are set to expire after 2021, 2022, or even 2025. Meanwhile, several pandemic-related expense provisions (expansion of charitable deduction, employee retention tax credit, suspension of the aviation...

December 18, 2020

Like Fine Wine, Employees Improve With Age

Proskauer L&E Partner Patrick J. Lamparello provides clarity on the ADEA and practical guidance on how to limit and defend against age discrimination claims. READ NOW: Age Discrimination in Employment Act (ADEA): Key Considerations Related Content Age Employment Discrimination Claims Defense Checklist (ADEA Claims) Understand considerations for an employer’s counsel defending against an ADEA claim. ...

December 18, 2020

Drafting an Effective Incident Response Plan

This Incident Response Plan template provides a company-wide framework for informing staff and managers of the actions to take on discovering a personal data breach (including a cybersecurity breach). It reflects reporting requirements required under the General Data Protection Regulation (GDPR). This form includes guidance and explanatory drafting notes. READ NOW » Related Content Data Breach Assessment...

December 18, 2020

Bankrupt Tenants Give Landlords the Holiday Season Blues

Landlords have repeatedly heard the same tale throughout this pandemic—their retail tenants have filed Chapter 11. Since the pandemic, bankruptcy courts are currently allowing these retail debtors to defer rent payments for months. Your client—a landlord with several retail properties—is now dealing with multiple Chapter 11 debtor tenants. They ask you what to expect and how to protect their interests...

December 18, 2020

The Deal Won’t Move if the SBA Won’t Approve

Guidance from the Small Business Administration (SBA) details the process for determining when SBA consent will be required for M&A transactions where the target has an outstanding Paycheck Protection Program loan. Will your transaction require consent? Get details and analysis in Practical Guidance. READ NOW » Related Content Diagnosing and Treating Coronavirus Risks in M&A Transactions Understand...

December 18, 2020

Hedge Funds Spotlight: Get in Formation

A lawyer’s most important role in connection with the launch of a hedge fund involves the preparation and review of foundational documents, including formation documents for the hedge fund and its manager, the private placement memorandum, limited partnership agreement, subscription agreement, investor questionnaire, and agreements with the fund’s service providers. Counsel advising a hedge fund should understand...

December 18, 2020

Don’t Lose Your (Patent) Appeal: Guidance on Appealing Patent Application Rejections

Navigate the ins and outs of appealing a U.S. Patent and Trademark Office (USPTO) examiner’s rejection of a patent application to the Patent Trial and Appeal Board (PTAB), including key procedures, requirements, and special programs. READ NOW » Related Content PTAB Appeals From Patent Application Rejections Checklist Consult this checklist for quick guidance on appealing the rejection of a patent application...

December 18, 2020

Don’t Steer Me Wrong: Anti-Steering Restrictions in Automobile Repairs

If an insurance company directs first-party or third-party claimants to, or away from, certain shops for repair of their vehicles, they may be running afoul of anti-steering restrictions. Are you prepared to advise your client? READ NOW >> Related Content Consumer Automobile Insurance Coverage State Law Survey Assess your state’s consumer automobile insurance coverage requirements. Unfair Discrimination...

December 18, 2020

Change in the SOFR: LIBOR Transition Gets an Extension

Regulators have announced that the transition away from LIBOR will largely be extended to June 23, 2023, from December 31, 2021. Take advantage of the breathing room to prepare yourself and your clients for the new benchmark, SOFR. This practice note describes how to draft or amend a credit agreement to replace the LIBOR. It also discusses SOFR—and the advantages and disadvantages of this rate relative to LIBOR...

December 18, 2020

Keep the (Good) Faith: How the Implied Covenant of Good Faith and Dealing Applies to Your Clients’ Contracts

Do you represent clients that enter into commercial agreements? If so, learn about important issues regarding how the implied covenant of good faith and fair dealing may create obligations regarding their transactions. READ NOW » Related Content Best Efforts, Commercially Reasonable Efforts, and Reasonable Efforts Provisions in Commercial Contracts Learn about the use and legal effect of efforts clauses...

December 18, 2020

Keeping it Fresh: 2020 – 2021 Financial Statements Staleness Dates Checklist

This checklist reflects the application of Rule 3-12 of Regulation S-X (referred to as the staleness rules) to financial statements in public securities offerings registered in the second half of 2020 and in calendar year 2021. Includes special rules applying to smaller reporting companies. READ NOW » Related Content Staleness Rules for Securities Offerings Determine how recent the financial statements in...