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

Hypothetically, Can we Assign this Contract?

After all these years, we are still trying to figure out whether a trustee or DIP may assume or assign a contract that cannot be assigned under applicable law without the non-debtor counterparty's consent. Check out this expertly drafted article discussing a recent bankruptcy court decision addressing whether the actual or hypothetical test should be used to make this determination. Read now » Related Content...

October 08, 2024

For Discovery Disputes, Who You Gonna Call? Your Judge

Discovery disputes during spooky season can make opposing counsel seem especially ghoulish. We asked a former U.S. Magistrate Judge when you should contact your judge when the Ghostbusters won’t cut it. Just because you “ain’t afraid of no ghost,” doesn’t mean you should charge headlong into chambers. Check out a federal judge’s tips on when and how to contact your judge about discovery...

October 08, 2024

The Big Three & ESG: A Guide to BlackRock, State Street, and Vanguard Proxy Voting Policies and Guidance on Key ESG Issues

The voting policies of three of the biggest institutional investors have an outsized influence on their portfolio companies and on the market as a whole. For counsel representing public companies, it is necessary to review their policies while preparing for the 2025 proxy season. Review this checklist for an overview of recent changes in their environmental, social, and governance (ESG) voting policies relating to board...

October 08, 2024

Unlocking the Blueprint: Essential AIA Contract Insights for Your Clients

The AIA Resource Kit provides a comprehensive listing of Practical Guidance resources related to American Institute of Architects (AIA) construction forms, including guidance for selecting and completing the appropriate AIA agreements for any construction transaction and state law adaptations of the AIA forms. Read now » Related Content Owner and Contractor Agreement Resource Kit Discover our collection...

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...

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

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

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

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

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 01, 2024

Calculating that Cap on Landlord Future Rent Claims

As many bankruptcy lawyers know, the language of Section 502(b)(6) of the Bankruptcy Code—the provision that specifies the maximum allowed amount of a landlord's claim for lease termination damages— is confusing, and it has led to a number of disagreements among bankruptcy courts. Check out this expertly drafted article discussing a recent bankruptcy court decision addressing the proper method for calculating...

October 01, 2024

How to Cite Only the Best Sources in Your Motion Papers

Right from the start, the clerk reading your legal argument in your brief is waiting to see whether you can support your arguments with the law. And nobody knows it like Jim Wagstaffe. In this practice note on making and opposing motions, you can click directly through to the Wagstaffe Practice Guide: Federal Civil Procedure Before Trial for the citation you need to carry your strongest arguments. Read now » Related...

October 01, 2024

Sustainability & ESG Quarterly Roundup: September 2024

The past several months have seen a flurry of developments relating to environmental, social, and governance (ESG) issues, which is expected to continue through the fall. Review this chart for a description of key ESG developments since the April 2024 roundup, with a focus on developments of interest to U.S. companies and companies operating in the United Kingdom and European Union. It covers developments relating to...

October 01, 2024

Endorse These Best Practices

Learn about best practices for ensuring that advertising is in compliance with the FTC's Endorsement Guides, including substantiation and disclosure requirements and guidance on social media influencers endorsements. Read now » Related Content Advertisement Compliance with Endorsement Guides Checklist Use this related checklist to ensure advertisements are in compliance with the FTC. Testimonial...

October 01, 2024

New! Discover Our New Biometric Privacy Policy with Practical Tips and Drafting Insights

Companies that process biometric information can adapt this new template, including practical guidance, drafting notes, and optional and alternate clauses, to comply with the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifiers Act, and Washington's HB 1493 biometrics statute. Read Now » Related Content Biometric Data Online Notice and Consent Use this template...

October 01, 2024

Parity is Paramount: Understanding the New Mental Health Parity Final Regs

IRS, Treasury, DOL, EBSA, HHS, and CMS have jointly issued final mental health and substance use disorder regulations with a focus on improving mental health coverage in group health plans and insured plans so that nonquantitative treatment limitations (NQTLs) are ‘‘no more restrictive’’ than the predominant requirements and limitations that apply under the plan to substantially all medical/surgical...

October 01, 2024

Environmental Regulation is Sometimes the Toughest Part of Drilling an Oil Well

Enforcement and expansion of Federal environmental regulations often brings significant complexity to an oilfield drilling site. Help your clients navigate the regulatory minefield by staying up to date with our practice note titled Federal Environmental Regulations Affecting Oil and Gas Operations. Read now » Related Content Dangerous Oil and Gas Waste Management Understand the risks associated with oil...

October 01, 2024

Private Credit Market Trends

Read this recently updated practice note by M. Shams Billah, Barnes & Thornburg LLP, discussing the background and benefits of private credit transactions as compared to public credit, as well as best practices for approaching the private credit market, key negotiation points, and recent market trends. READ NOW » Related Content Credit Agreement Resource Kit Browse this resource kit providing an overview...

October 01, 2024

NEW: Consumer Finance Innovations - Regulatory Tracker

Practical Guidance is pleased to offer a new regulatory tracker titled Consumer Finance Innovations . This tracker provides regulatory and policy developments regarding innovation and advanced technologies in consumer financial services including big data, artificial intelligence (AI), and blockchain based solutions. READ NOW » Related Content Dodd-Frank Wall Street Reform and Consumer Protection Act Key...

October 01, 2024

Financial Assistance Policy Compliance Checklist for Hospitals and Health Systems

Get clear guidance on developing, implementing, and monitoring a nonprofit hospital or health system’s financial assistance policy to maintain their tax-exempt status. Read now » Related Content Healthcare Transaction State Premerger Notification Requirements State Law Survey Monitor state laws and pending state legislation that impose premerger notification requirements on transactions (e.g., mergers...

October 01, 2024

AI Programmed Just To Do Anything You Want It To: Common Themes in State AI Legislation

Learn about state bills targeting algorithmic discrimination and automated decision-making, and unique approaches to AI in outlier legislation from California. Read now » Related Content Locke Lord QuickStudy: Insurance Regulators ‎Continue to ‎Grapple with the Rapid Development ‎and ‎Use of Artificial ‎Intelligence Review guidance for practitioners and insurers regarding discussions...

October 01, 2024

Triumph Before the TTAB: Drafting a Persuasive Opening Trial Brief

Confidently present your case in chief to the Trademark Trial and Appeal Board (TTAB) with this opening trial brief that an opposer/petitioner (plaintiff) may use in an opposition or cancellation proceeding before the TTAB. Sample arguments based on likelihood of confusion and dilution are also included. Read now » Related Content Defendant's Opening Trial Brief (TTAB) Defend at the TTAB with confidence...

October 01, 2024

Take Matters Into Your Own Hands: Read Our Updated Private Attorneys General Act (PAGA) Note

Do you need guidance in defending against claims brought under the recently overhauled California's Private Attorneys General Act (PAGA)? Read Private Attorneys General Act in California: Defending against PAGA Claims by Steven P. Gallagher of Fox Rothschild LLP. READ NOW » Related Content Arbitration Agreement and Class Action Waiver Enforcement in Employment Litigation Learn about key arbitration and...

October 01, 2024

Draft a Clause: A Survey of AI-related Provisions in M&A Transaction Agreements

Artificial intelligence (AI) tools and resources are inundating the news, social media, professional seminars, and inboxes. AI is part of every conversation across industries and professional services, and more and more businesses are integrating these tools into their operations. Whether AI is used in the hiring process, to track inventory, as part of contract management, or any other part of the business, or if developing...