November 12, 2024

What is the Landscape After Purdue Pharma?

Chapter 11 debtors and courts are still grappling with the effect of the Harrington v. Purdue Pharma . In the decision, the Supreme Court did not address what constitutes a consensual third-party release. Check out this expertly drafted article discussing the post- Purdue cases that analyze the permissibility of third-party releases with opt-out mechanisms. Read now » Related Content Third-Party Release...

November 12, 2024

Just the Two of Us: Trial Prep with In-House Counsel

This article on preparing for trial with in-house counsel goes straight to the source for guidance—a firm attorney and in-house counsel. These experts address the importance of working collaboratively in developing trial themes, selecting trial witnesses, and choosing trial documents. At trial, in-house counsel’s knowledge of the client and relationships with stakeholders, partnered with trial counsel’s...

November 12, 2024

2025 SEC Filing Deadlines Calendar

2025 is right around the corner! Public companies have a considerable number of reporting deadlines, beginning (in most cases) with filing Form 10-K for the year ending December 31, 2024. Use this calendar to plan the year’s reporting obligations for public company clients. Read now » Related Content SEC Reporting for Voluntary Filers Checklist Ensure that your voluntary filer client complies with...

November 12, 2024

Loper Bright and Tax: What’s the IRS and Treasury to Do?

The 2024 landmark case , Loper Bright Enters. v. Raimondo, 144 S. Ct. 2244 (June 28, 2024) , officially jettisoned the 40-year-old Chevron two-step standard for statutory interpretation. Will Loper Bright motivate the Treasury Department and IRS to now avoid formal rulemaking and shift to more informal guidance that can be issued quickly without notice and comment? Post Loper Bright , will judges continue to find tax...

November 11, 2024

What's New in Practical Guidance - October 2024 Updates

LexisNexis continues to expand its Practical Guidance offering with a wealth of new resources across practice areas. This month introduces several exciting new tools and content to help legal professionals work more efficiently. To view these resources, sign in or take a free trial of Practical Guidance today! Cross-Practice Area Resources One major addition is the new Natural Disaster Response Resource Kit , which...

November 06, 2024

Employee Share Purchase Plans: A Hidden Treasure?

Publicly traded companies can offer their employees access to purchase employer stock on a discounted basis, using an employee stock purchase plan that complies with I.R.C. § 423 . These plans are broad-based programs that, during an “offering period” (typically six months), collect after-tax contributions from participating employees and apply the money to buy discounted company stock on an identified...

November 05, 2024

New Adversary Proceedings in Bankruptcy Presentation

Teaching new associates about adversary proceedings in bankruptcy? We make it easy for you with guidance and ready-made PowerPoint slides. Read now » Related Content Adversary Proceedings Read this discussion of adversary proceedings commenced in a bankruptcy case. Adversary Proceeding Bankruptcy Rules and Federal Rules Comparison Chart Use this chart to understand the differences between the Federal...

November 05, 2024

Document Don’ts: Drafting Discovery Requests

Want to ensure your discovery requests are not only FRCP-compliant but thorough and effective? Cue one of Practical Guidance Civil Litigation’s core documents on drafting and serving document requests, by Jim Wagstaffe. He’ll take you through the Rule 34 requests, drafting, formatting, proportionality, types of document requests, motions to compel … basically anything and everything you need to know...

November 05, 2024

Outbound Investment: Tax Consequences for U.S. Investors Acquiring Stock or Debt Instruments of Foreign Issuers

In contrast to investing in domestic securities, differences for investing in foreign securities may apply due to the unique tax regimes applicable to foreign investments. These unique tax regimes include: rules that apply to controlled foreign corporations and passive foreign investment companies, the ability to use foreign tax credits to limit the amount of U.S. tax due on income that has already been taxed by a foreign...

November 05, 2024

Constructing Success: The Essential Contract Template for Architects and Property Owners

This owner and architect agreement provides a comprehensive template for professional services that anticipates and addresses architectural issues that arise with the design and construction of a building project, including allocation of party responsibilities, cost overruns, compensation, indemnification, and claims and remedies. Read now » Related Content Owner and Architect Agreement Resource Kit View...

November 05, 2024

New Independent Contractors Resource Kit!

Expand your understanding of the use of independent contractors in commercial agreements and transactions with access to practice notes, templates, checklists, and other content pertaining to independent contractors in the Commercial Transactions practice area. Read now » Related Content Independent Contractor Agreements: Major Negotiation, Drafting, and Legal Issues Learn about independent contractor status...

November 05, 2024

How To Avoid Liability When Using Cookie Consent Managers

Organizations are inadvertently opening themselves up to new legal risks in their efforts to comply with consumer privacy laws. Simply implementing the required technologies isn't enough. Research shows that while most companies use some sort of cookie consent banner, 90% of these are not working as expected—they are either misconfigured, missing trackers like pixels, or unable to keep up with rapid changes...

November 05, 2024

Form 5500s and the Independent Audit: Does it Apply to your Employee Benefit Plan?

Only administrators of an ERISA employee benefit plan with at least 100 account balances (100 eligible participants for plan years beginning before January 1, 2023) are required to engage an independent Qualified Public Accountant (IQPA) to provide an opinion on an employee benefit plan’s financial statement, which is required to be appended to the annual Form 5500 filing. Read this practice note to learn more about...

November 05, 2024

New PPP State Law Comparison Tool!

Check out the new Public-Private Partnership (PPP) Legislation State Law Comparison Tool. The Practical Guidance State Law Comparison Tool generates a chart with applicable state laws for the topics you select. The Public-Private Partnership Legislation topic compares state PPP legislation, including the types of projects that can be developed, the bidding process, and how bids are evaluated in each state. Read now...

November 05, 2024

Responding to Subpoenas for Financial Services Companies

Does your institution have a procedure in place to respond to subpoenas? It’s important for financial service companies to have proper procedures in place to adequately manage the intake, gathering of documents or other data, and responding to subpoenas. Explore this content for a high-level overview of subpoenas and to review procedures for responding timely and appropriately. Read now » Related Content...

November 05, 2024

Buyer-Side R&W Insurance: A Practical Guide on Navigating Claims for Business Owners and General Counsel

Check out this comprehensive overview of how insurers evaluate first-party representations and warranties (R&W) claims. This practice note showcases key considerations and best practices to ensure successful claims management. Read now » Related Content Representations and Warranties Insurance: Fundamentals Get an overview of R&W insurance, including underwriting and the various aspects of claims...

November 05, 2024

Lights, Camera, Action! Motion Picture Production Resource Kit

Review a collection of resources for counsel representing producers and talent in a wide range of matters related to the production of a film. Read practice notes on common entertainment law issues, review templates for production counsel, and explore a variety of contract clauses for customizing production-related agreements. Read now » Related Content Film Financing Overview Learn how motion pictures are...

November 05, 2024

Clean as a Whistle: Conducting Effective Whistleblower Investigations Video

Need guidance on key issues related to whistleblower workplace investigations? Watch this Whistleblower Workplace Investigations Video . Watch now » Related Content Whistleblower Policies, Programs, and Investigations Receive guidance on implementing effective whistleblowing policies and programs. Whistleblower Reporting: Training Presentation Provide training on handling whistleblower reports to management...

November 05, 2024

Regulatory Due Diligence for Pharma Company Transactions

This practice note discusses key legal and regulatory issues, questions to ask, and documents to review in due diligence for drug company transactions. Read now » Related Content Alternative Dispute Resolution Provisions in Life Sciences Agreements Understand whether and how to include ADR mechanisms in contracts for drug, medical device, biologics, and other life sciences transactions. Practical Guidance...

November 05, 2024

Last Call: Corporate Transparency Act Compliance Deadline Approaching

The Corporate Transparency Act (CTA), which went into effect on January 1, 2024, provided an initial grace period for existing entities to file their Beneficial Ownership Information (BOI) reports. For entities formed prior to January 1, 2024, the CTA requires that initial BOI reports be filed by January 1, 2025. But never fear, Practical Guidance has you covered. Check out our comprehensive CTA Resource Kit which includes...

November 05, 2024

Hot Trend: New State Cooling Laws Around the Country

After experiencing the hottest summer on record, many municipalities are enacting laws requiring landlords to provide air conditioning and other cooling mechanisms to ensure that rentals are habitable during the next heat wave. Read this article for more information on this topic. Read now » Related Content Environmental Considerations in Real Estate Transactions Resource Kit Review this resource kit for...

October 30, 2024

Before That Claim Gets Thrown Right Out the Door . . . You Must Allege Bad Faith!

Do a deep dive into the nuances of insurance bad faith, a new topic in the Insurance State Law Comparison Tool. Read now » Related Content Insurance Bad Faith Claims Discover the ins and outs of insurance bad faith claims, including the insured's rights under an insurance policy, claim triggers, and benefits of bringing a claim. Insurance Bad Faith Coverage Litigation Explore the common grounds...

October 29, 2024

Settling ITC Section 337 Investigations: Navigating the Settlement Agreement

Save time and resources by settling your International Trade Commission (ITC) Section 337 Investigation with this template settlement agreement between opposing parties. The template includes guidance on filing your agreement with a motion to terminate to globally settle the Investigation and any co-pending district court litigation and post-grant review proceedings. Read now » Related Content Motion to...

October 29, 2024

Look Over Here: Practical Guidance Arbitration Content Links to L&E Arbitration Visuals and Filters

Need guidance on arbitrating employment-related disputes before the American Arbitration Association (AAA)? Read AAA Arbitration for Employment Lawyers by Julia M. Jordan and William S. Wolfe of Sullivan & Cromwell LLP. Among other things, the authors discuss the process of selecting an arbitrator, made easier using LexisNexis' L&E arbitration visuals and custom L&E arbitration filters , which allow attorneys...

October 29, 2024

Nightmare on K Street: FTC Overhauls HSR Form and Instructions

After well over a year of nail-biting, hand wringing, and waiting, the Federal Trade Commission (FTC) announced earlier this October that it had finalized proposed revisions to the Hart-Scott-Rodino (HSR) premerger notification program filing rules. The FTC’s final rule substantially modifies the HSR filing form, instructions, and filing requirements, and also revives the FTC’s early termination program. Read...