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October 29, 2024

Saying Goodbye to Your Commercial Landlord or Tenant

Landlords and tenants terminating commercial leases should consider both contractual and state law requirements. Check out this practice note, authored by Holland & Knight real estate attorneys, discussing key legal and practical considerations for commercial property owners and tenants when navigating potential lease termination scenarios. Read now » Related Content Security Deposit (Residential and...

October 29, 2024

Do Your University Clients Have an NIL Strategy? Learn about NIL Rights and Taxation

NIL rights refer to the ability of student-athletes to earn compensation for the use of their name, image, and likeness. This includes activities such as endorsement deals and social media promotions, allowing student-athletes to monetize their personal brand. Learn the definition and scope of NIL rights, the function and structure of NIL collectives, the tax implications for these collectives and the student-athletes...

October 29, 2024

Don’t Lose Out on a Bankruptcy Discharge!

The discharge is an order entered at the conclusion of a bankruptcy case releasing the debtor from liability for certain debts that, under the Bankruptcy Code, are dischargeable in bankruptcy. Check out this resource kit covering topics related to a debtor's discharge, including detailed practice notes, templates, and checklists. Read now » Related Content Complaint Objecting to Dischargeability of Debt...

October 29, 2024

Mitigate Risk: The Specter of ESG Class Action Litigation

Class action litigation risks can haunt and distract organizations. Help your clients reduce the risk of facing class action lawsuits arising from environmental, social, and governance (ESG) matters in an increasingly ESG-centric corporate world. As ESG-related issues evolve and become increasingly important to corporate stakeholders, class action litigation against companies has moved from specter to corporeal form....

October 29, 2024

Due Diligence for a Private Offering

Due diligence for private offerings is typically split into three categories: legal, business and financial, and accounting. Typical parties involved include the issuer itself (through management and directors), issuer’s counsel, accountants, bank or investor counsel, and the banks or placement agents. Read this practice note for a look at the process, parties, and responsibilities of each during the due diligence...

October 29, 2024

Is It Really Organic?

Learn more about the Department of Agriculture's National Organic Program and its requirements for organic product certification programs and organic product labeling, plus the oversight and enforcement of goods that are certified and/or labeled as organic. Read now » Related Content Product Labeling Learn about product labeling requirements in general for consumer products, food, drugs, cosmetics, medical...

October 29, 2024

Don’t Fall into the Trap! Top Tips to Avoid Trending Class Wiretap Claims

With surging federal and state class action litigation against website operators for the use of session replay software and chatbots, you’ll want to check out this valuable information about the elements of wiretap claims asserted in the most common jurisdictions, defenses and exceptions to liability, and compliance best practices. Read now » Related Content Wiretapping and Surveillance State Law Survey...

October 29, 2024

Don’t Be Frightened by Change! Qualified Retirement Plan Year-End Amendments

Under the Internal Revenue Code (IRC), qualified plans and 403(b) plans are required to be in writing and to contain certain provisions specified under the IRC and associated Treasury Regulations, in addition to reflecting compliant design provisions. Qualified plans and 403(b) plans must satisfy the plan document requirements of the IRC and be operated in accordance with the requirements of the IRC as a condition to...

October 29, 2024

What to do About Fracking Taxes

Fracking has become more and more controversial over the years, yet numerous states rely on fracking activities for substantial tax revenue. Find out what taxes your clients will be responsible for by reviewing our Oil and Gas Tax: Fracking Developments and Incentives State Law Survey. Read now » Related Content Oil and Gas: Exploration and Production Agreements Review standards behind drafting oil and gas...

October 29, 2024

Commitment Letters for Acquisition Financing

Read this practice note discussing current market trends in publicly filed commitment letters for acquisition financing from the second half of 2023 and the first half of 2024. This practice note examines examples of select key provisions in commitment letters for acquisition financing, including SunGard provisions and bifurcated governing law provisions. Read now » Related Content Commitment Papers Resource...

October 29, 2024

Guidance on Accepting Cryptocurrency Payments

Online businesses and merchants continue to explore accepting cryptocurrency as a form of payment for goods and services. The use of digital wallets by consumers makes the acceptance of cryptocurrency more widespread and impactful for banking organizations. Explore this guidance, written by Joanna F. Wasick and Lauren Bass of BakerHostetler LLP, for key steps and considerations businesses should analyze before integrating...

October 22, 2024

Don’t Skip the DIP Financing Trackers

Practical Guidance now offers multiple trackers for you to keep up to date on key DIP financing terms and review select DIP credit agreements. The trackers also link to the docket on Courtlink so you can review the DIP orders. Don’t forget to set an alert, so you are notified as soon as new DIP credit agreements are added! Read now » Related Content DIP Financing Interest Rate Tracker Compare the interest...

October 22, 2024

No Trick, All Treat: Automated Templates for Discovery Deficiency Letters

You won’t need any ghosts to write your discovery deficiency letter before Halloween. Give opposing counsel a chance to respond before you release the Kraken on them. With our automated templates, all you have to do is answer our prompts and we’ll create an eerily congenial request for overdue (or omitted) discovery. Check it out at the link below! Read now » Related Content Civil Litigation...

October 22, 2024

Foreign Private Issuers' Reporting, Disclosure, and Corporate Governance Requirements Presentation

Foreign private issuers (FPIs) are corporations or non-government entities formed under the laws of a jurisdiction outside the United States that meet the requirements (often referred to as the “shareholder test” and “business contacts test”) set out in Rule 405 under the Securities Act of 1933. FPIs are subject to certain reporting obligations, but fewer than those required by domestic public...

October 22, 2024

Unlocking Payment Success: Essential Legal Tools for Construction Projects

The Construction Owner-Contractor Payment Resource Kit provides a comprehensive listing of Practical Guidance resources related to payments on private construction projects, including pre-contract considerations, contract terms and provisions, payment triggers, lien waivers, and releases upon payment, enforcement, and dispute resolution. Read now » Related Content Owner and Contractor Agreement Resource...

October 22, 2024

Social Media—Is It Worth the Risk?

Review this essential guidance about the use of social media by companies and/or their employees, including the use of social media in employment practices, how social media can be utilized in litigation, and ways that companies can create social media policies to address the associated risks. Read now » Related Content Advertising and Promotions in Social Media Gain an overview of the common types of social...

October 22, 2024

Streamline Your Compliance: Compare State Consumer Privacy Laws in Minutes!

Save time by using our Data Security and Privacy State Law Comparison Tool to view state consumer privacy laws. With 20 states having enacted data privacy legislation since California started the trend in 2018, having a quick tool to aid compliance efforts is invaluable. Click the link below and select the Consumer Data Privacy topic. Read now » Related Content Strategies for Developing a Multistate Privacy...

October 22, 2024

75 is the New 70 ½: The Rules for Required Minimum Distribution, Post SECURE 1.0 and 2.0 Acts

Required minimum distributions (RMDs) under I.R.C. § 401(a)(9) were established generally to ensure that individuals begin withdrawing funds from their retirement plans, like 401(k)s and IRAs, at a specific age. The policy helps the federal government collect taxes on these retirement savings, made on a tax-deferred basis. As people live longer, the age for RMDs has been pushed back, giving retirement savings more...

October 22, 2024

Bridging the Gap

Make sure you are up to date on the latest trends in bridge loans. A bridge loan is a short-term financing mechanism used by borrowers ahead of a permanent financing, often as part of an acquisition financing. Read this practice note discussing current market trends in publicly filed credit agreements from the second half of 2023 through the first half of 2024. Read now » Related Content Acquisition Financing...

October 22, 2024

Federal Reserve Proposes to Lower Basel III Capital Requirements for Largest Banks

Michael Barr, the U.S. Federal Reserve’s Vice Chair for Supervision, recently announced plans to amend the proposal for implementing the final components of Basel III, known as the Basel III endgame. The proposed rules aim to strengthen capital requirements for large banks. If enacted, these rules will adjust capital requirements to better address underlying risks and enhance the measurement of credit, market, operational...

October 22, 2024

Let’s Dance: Ethical Concerns and the Tripartite Relationship Tango

Learn how to sway through the ethical implications of the tripartite insurance relationship without running or hiding from the serious moonlight. Read now » Related Content Tripartite Insurance Relationships: Insurers, Insureds, and Insurance Defense Counsel Discover the ins and outs of the various ties between an insurer, an insured, and a defense attorney hired to defend the insured, in a claim that an...

October 22, 2024

Mobile Devices: Choosing Classes of Goods/Services for Trademark Applications

Registering a trademark for a mobile device or accessory? Consult this chart for key guidance on preparing an identification of goods and/or services for trademark applications for mobile devices and accessories, including mobile phones, tablets, cases, screen protectors, chargers, and more. Read now » Related Content Trademark Goods and Services Identifications for Emerging Technologies Find sample language...

October 22, 2024

Oh My GOSHA: U.S. Supreme Court Eliminates Court Deference to Agencies, Including OSHA

Need to understand the potential impact of the Supreme Court’s decision to overturn four decades of deference to federal agency interpretations on the Occupational Safety and Health Administration (OSHA)? Read OSHA in the Post-Chevron Era: What's Next for the Agency by Jamie Spataro of Littler Mendelson P.C. Read now » Related Content Chevron Reversal Impact Resource Kit Explore analysis related...

October 22, 2024

Clinical Trial Agreement Considerations for Pharmaceutical Sponsors

Clinical trial sponsors often underestimate the importance of spending appropriate time and resources on clinical trial agreements (CTAs). This practice note focuses on key CTA provisions that, if overlooked, can be very costly for organizations. Read now » Related Content FDA Drug Regulatory Activity Tracker Check out this tracker for a summary of FDA regulatory activity, including in the clinical trials...

October 22, 2024

A Tale as Old as Time: Liability for Corruption Goes Beyond Non-Compliance with Laws

Negotiating definitive agreements is all about risk allocation. A buyer could settle for a comprehensive general representation about the target and sellers’ compliance with all laws, but when it comes to compliance with anti-corruption laws, the risk is too real to ignore. When your client or the target company conducts international business, compliance with the U.S. Foreign Corrupt Practices Act (FCPA) and other...