October 15, 2024

Not “Goods” Behavior: New York’s Retail Worker Safety Act Protects Against Workplace Violence

Need to learn about New York’s new law requiring retail employers to develop and implement workplace violence prevention training and policies? Read New York Enacts Law Requiring Retail Employers to Implement Workplace Violence Prevention Training and Policies and Provide Panic Buttons by Terri Solomon, Rebecca Goldstein, and Giro Maccheroni of Littler Mendelson P.C. Read now » Related Content Workplace...

October 15, 2024

Performer Agreements: Negotiating and Drafting the Agreement

This practice note provides a provision-by-provision guide to drafting and negotiating the key clauses of a performer agreement, offering insights into the significant provisions typically found in talent agreements between renowned actors and production companies for large-budget films. Read now » Related Content Performer Agreements: Preliminary Considerations Pave the way for an efficient negotiation...

October 15, 2024

The Fundamentals of Insurance Threesomes: The Tripartite Relationship

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 insurance policy may cover. Read now » Related Content Bad Faith as a Continuum Learn from two battle-hardened bad faith litigators about what claims professionals (with coverage counsel) can do during claims handling in the present bad faith environment to avoid...

October 15, 2024

HIPAA Privacy Rule: Uses and Disclosures Video

This video, the first in a series of four Practical Guidance videos on the HIPAA Privacy Rule, discusses how the HIPAA Privacy Rule governs the use or disclosure of an individual’s protected health information (PHI) by a covered entity or a business associate. View now » Related Content Health Information Privacy and Security Resource Kit Locate resources addressing key health information privacy and...

October 15, 2024

Trends in Commitment Letter Provisions

Read this new practice note discussing current market trends in publicly filed financing commitment letters from the second half of 2023 and the first half of 2024. This practice note examines some of the key provisions contained in commitment letters for various types of credit facilities, including syndication terms, expense reimbursement, indemnity carve-outs, and confidentiality provisions. Read now » Related...

October 15, 2024

So Many Choices! Cafeteria Style Employee Benefits Stipend Is Okay

Having a choice is nice! Fries or a side salad? Fresh ground pepper on that? In a private letter ruling, the IRS just okayed offering choice to employees, to be communicated at open enrolment, for each employee to elect, irrevocably, to allocate an employer payment (a uniform percentage of pay up to $2,000) for the upcoming year to their 401(k) plan account (as an employer non-elective contribution, vested immediately...

October 15, 2024

Is Your California Privacy Policy in Tip-Top Shape? Time for a Health Check!

Save significant time by adapting this recently updated template to your business's personal information practices. This CCPA/CPRA-compliant policy includes guidance, drafting notes, and optional and alternate clauses. Read now » Related Content California Consumer Privacy Resource Kit (CCPA and CPRA) Bookmark this resource kit for quick access to all of the Practical Guidance resources you need to comply...

October 15, 2024

Competing in California? You Better Be Fair!

Obtain essential guidance on California's Unfair Competition Law, including the purpose of the law, conduct that falls within its scope, parties that may bring an action under the law, potentially liable parties, and available remedies for violations. Read now » Related Content Consumer Protection Laws Fundamentals Gain an overview of federal consumer protection statutes and regulations. FTC Enforcement...

October 15, 2024

Annual Stockholder Meetings: Some Basics

Annual stockholder meetings are required for all Delaware corporations. There are myriad details for counsel to consider, such as when the meeting must be held, when notices must be sent, and the record date for shareholders. Review this checklist to get yourself oriented and begin planning for your Delaware clients’ annual meetings. Read now » Related Content Timetable for Public Company Annual Meeting...

October 15, 2024

Mediator Red Flags

Autumn is in full swing and we’re all for red leaves and red apples … but a red flag is a red flag. We tapped our experts to help you avoid choosing the wrong mediator for your case and identify just what to look out for when considering potential mediators. Check out what not to do at the link below. Read now » Related Content The Five Keys to a Productive Mediation Consider these five keys for...

October 15, 2024

What Do I Have to Do To Get a Sale Approved in Chapter 15?

Section 363 asset sales of a foreign debtor's U.S. assets are increasingly common in Chapter 15 cases. U.S. bankruptcy courts face several important issues in assessing the propriety of such sales. Check out this expertly drafted article discussing a recent decision addressing a sale of a foreign debtor's U.S. assets under Section 363(b) of the Bankruptcy Code. Read now » Related Content Chapter...

October 15, 2024

Is the Price Right? Antitrust Enforcers Focus on Pricing Practices Beyond the Fix

The third rail of antitrust has always been price setting. Price fixing is the classic per se, illegal antitrust violation. The current Administration’s antitrust enforcers have broader ambitions, however. They are investigating—and bringing enforcement actions against—more pedestrian industry pricing practices. Both the Antitrust Division and the FTC have withdrawn guidance on how to share pricing information...

October 09, 2024

What’s New in Practical Guidance - September 2024 Updates

LexisNexis' Practical Guidance has rolled out a comprehensive array of new resources this September to empower legal professionals across various practice areas. The latest updates provide cutting-edge tools, expert insights, and practical guidance to help practitioners navigate complex legal landscapes with confidence. To view these resources, sign in or take a free trial of Practical Guidance today! At the forefront...

October 09, 2024

“G” Reorgs: The Way to Extricate Yourself from a Chapter 11 Bankruptcy

A “G” reorganization is a specific category of I.R.C. § 368 reorganization intended to facilitate the restructuring or rehabilitation of a distressed corporation in a Title 11 bankruptcy case. A "G" reorganization requires the transfer by the corporation of all or a part of its assets to an acquiring corporation, so a "G" reorganization requires two parties—an acquiring and a...

October 09, 2024

Software as a Service (SaaS) Evaluation Agreements

Given the complexities and risks involved in SaaS services and cloud computing generally, customers often evaluate the service's suitability for their needs prior to purchase. This trial enrollment agreement sets forth the terms and conditions of a time-limited evaluation, allowing a customer to beta test the services before entering into a full SaaS licensing agreement. Read now » Related Content Software...

October 08, 2024

Hurricanes, Storms, Fires, and the Resulting Property Insurance Crisis

Are climate risks and rising insurance costs decreasing home affordability? How about real property values? What’s next? Read this article for insight from real estate experts. Read now » Related Content Climate Change Resource Kit Refer to this resource kit for a collection of Practical Guidance content addressing climate change, including articles, practice notes, templates, clauses, and state-specific...

October 08, 2024

Healthcare-Related M&A Deal? Read this State Law Survey, Stat!

More jurisdictions than ever before require parties to M&A deals involving the acquisition of healthcare providers to make premerger notification filings with a state attorney general or other state authority. Use Practical Guidance’s Healthcare Transaction State Premerger Notification Requirements State Law Survey to understand the current landscape for healthcare transaction premerger filings, including who...

October 08, 2024

Consulting Agreements in the Pharmaceutical Industry

Learn about consulting agreements in the pharmaceutical industry, including types of consultants, the nature and scope of the consulting relationship, and key contractual provisions for outside consultants. Read now » Related Content 340B Drug Pricing Program ADR Process Final Rule Understand the U.S. Department of Health and Human Services final rule enacting an alternative dispute resolution (ADR) process...

October 08, 2024

“Break”ing News: Watch Our New FMLA Compliance Video

Do you need to advise employers regarding employees taking a break from work under the Family and Medical Leave Act (FMLA)? Watch FMLA Compliance and Administration: Key Employer Steps Video by Kimberley E. Lunetta of Morgan, Lewis & Bockius LLP. Watch now » Related Content FMLA Leave: Guidance for Employers and Employees Review guidance on the myriad issues and obligations employers face under the FMLA...

October 08, 2024

ERISA Considerations in Credit Agreements Video

Watch this new video providing an overview of the key considerations in credit agreements related to potential liabilities under the Employee Retirement Income Security Act of 1974 (ERISA). This video discusses controlled group liability concerns as they relate to credit agreements as well as issues with respect to relevant ERISA clauses, including representations and warranties, affirmative covenants, and events of default...

October 08, 2024

So Long, Farewell: Designing Exit Packages When It’s Time to Say Goodbye

Plan sponsors have many decisions to make in designing exit programs and should be aware of the consequences of their choices. Considerations include whether to offer a voluntary or involuntary plan, whether to seek coverage under ERISA for such a plan, and, if so, whether it should be a welfare plan or a pension plan. A group layoff can occur all at the same time or it can be staggered, as long as all the terminations...

October 08, 2024

Preventing the Inevitable: How Smart Cybersecurity Planning Can Save Your Business Millions

An organization can incur staggering costs by failing to plan for a nearly inevitable network intrusion. Proper preparation for cyber incidents can significantly reduce losses by lowering the cost of a data breach, reducing the risk of litigation, and minimizing regulatory scrutiny, penalties, and fines. Check out this practice note for guidance on developing an effective data breach avoidance and response plan. Read...

October 08, 2024

Why Is the Price Reduced?

If your client is offering a price reduction, you’ll want to read this practice note and learn about the applicable laws prohibiting parties from disseminating false or misleading statements regarding the existence of, reasons for, or amount of price reductions. Lean about the applicable federal laws and FTC guidance addressing promotional pricing and related litigation. Read now » Related Content ...

October 08, 2024

How Low Can You Go: Relaxing the Harassment Standard in EPLI Litigation

Get insight into the different ways lawmakers are lowering (or eliminating) the threshold for workplace harassment lawsuits. The article includes a map showing the states that have considered or enacted threshold laws. Read now » Related Content EPLI Coverage Implications in Gender Identity Claims Analyze the implications of gender identity issues in the workplace on Employment Practices Liability Insurance...

October 08, 2024

Fair Credit Reporting Act Step-by-Step Guidance for Compliance

The Fair Credit Reporting Act (FCRA) regulates how institutions may collect and use consumer information provided by third-party consumer reporting agencies. Institutions must establish and implement a compliance monitoring program to regularly review, assess, and ensure that they are complying with the requirements of the FCRA. Explore this step-by-step guidance for handling consumer reports and investigative consumer...