September 19, 2023

OIG Compliance Program Guidance Gets a Facelift

Check out this new article from health law attorney Lynn M. Barrett on Compliance Program Guidance documents (CPGs) from the Department of Health and Human Service's Office of Inspector General (OIG). Understand why health lawyers rely heavily on CPGs when developing compliance programs and how OIG proposes to overhaul those materials. Learn how the revised guidance documents will be structured and how compliance...

September 19, 2023

Information Security Requirements for Financial Institutions

Federal and state regulatory agencies are focused on partnerships between financial institutions and financial technology (fintech) companies, with an emphasis on information security and data privacy. Existing laws require institutions to have reasonably designed policies and procedures to protect customer information, detect and prevent identity theft, and mitigate the risk of information security breaches. Explore...

September 19, 2023

Can We Enter into a Joint Venture?

Your client calls to inquire whether a joint venture is permitted under its existing credit facility. A credit agreement may present some obstacles to a borrower’s ability to acquire, form, or operate a joint venture. Read this practice note explaining how you should proceed when the client asks whether a joint venture is permitted under its credit facility. Read now » Related Content Joint Venture...

September 19, 2023

Unlike When you Were a Kid, Batteries are Increasingly Included

The fact is that renewable energy is viewed as an intermittent source of power because the sun is not always shining and the wind is not always blowing. However, what happens when you add battery backup to the renewable energy mix? That’s what some states are now requiring for all new commercial buildings. Review our Construction Issues in Energy Storage practice note to help your clients understand the ins-and...

September 19, 2023

I Can See Right through You! Health Transparency Rules Result in Increased Scrutiny of Provider Fees

Many employers provide their employees with health coverage—the Affordable Care Act making it more likely. Enter the Consolidated Appropriations Act, 2021 (CAA), bringing new rules on surprise billing and price transparency. Employers spend time negotiating with their insured plan providers, or self-insured plan-third-party administrators, deciding on pricing. And, courtesy of the CAA and newly issued transparency...

September 19, 2023

Washington Transforms Consumer Health Data Landscape with Passage of My Health My Data Act

With the effective date of Washington’s My Health My Data Act only six months away, Meghan O'Connor and Kiana Baharloo of Quarles & Brady, LLP discuss the key concepts, including its broad application to businesses, wide-ranging scope, significant consent requirements, and private right of action. Read now » Related Content Washington Health Data Protections Shake Up Privacy Law Debate Check...

September 19, 2023

Is Your Social Media Advertising Legally Compliant?

Learn about different types of social media and the legal issues and risks associated with social media advertising and marketing. Read now » Related Content Online Advertising Regulation and Compliance Learn about the three major areas of federal regulation of online advertising: the FTC’s .com Disclosures guidelines, the CAN-SPAM Act, and the FTC Endorsement Guides. Social Media Advertising...

September 19, 2023

Form 8-K Reportable Transactions and Filing Deadlines Reference Chart

Domestic reporting companies must disclose certain material events on Form 8-K promptly (almost always within four business days of when they occur). Refer to this chart to see what is reportable for each 8-K item, common reportable events, filing deadlines, and more. Read now » Related Content Memorandum to Management on 8-K Triggering Events and Related Disclosure Reporting Procedures Help company management...

September 19, 2023

Knowledge Management Attorney Basics: Expert Analysis

Knowledge management attorneys work with their firm to create and roll out internal and external-facing knowledge management solutions. These attorneys are often described as a firm's brain trust given their extensive knowledge of subject matter experts, content and other work product, and available tools and services. Get practical tips and guidance on common tasks from an expert knowledge management attorney at...

September 19, 2023

Rip into the DIP Financing Resource Kit

DIP financing is a critical component of most Chapter 11 reorganizations. Check out this resource kit which includes Practical Guidance materials for drafting, evaluating, proposing, and objecting to DIP financing, including detailed practice notes, templates, and checklists. Read now » Related Content DIP Financing See this practice note for an overview of DIP financing. DIP Terms Understand the terms...

September 19, 2023

Track Antitrust Agency Developments

Apart from several trackers on enforcement actions brought by the DOJ and FTC, we now have a tracker that focuses on the other, non-case related functions of the FTC and DOJ. Those other functions include, among other things, providing guidance to market participants on how they intend to enforce the antitrust laws, collaborating with other branches of the government, collaborating with other antitrust enforcers, and...

September 18, 2023

Indemnification, Liquidated Damages, and Warranties: An Attorney's Guide to Allocating Construction Liability

It was supposed to be their dream home. But six months after moving in, the Fitzgeralds noticed water stains on their dining room ceiling which worsened into leaks. The contractor who built it insisted the roof warranty had expired. After threatening legal action, the Fitzgeralds paid thousands out of pocket to repair defective roof work the warranty should have covered. Situations like this are all too common when...

September 18, 2023

Plotting Your Course Through the Energy Contract Maze

I'll never forget the feeling of staring down at a 200-page power purchase agreement on my first energy deal and wondering "Where do I even start with this thing?" It was like opening a door only to find myself lost in a maze of incomprehensible legal jargon and complex industry terms. With endless pages stretching out ahead of me, I felt overwhelmed trying to chart a course through this contract to advocate...

September 12, 2023

Shark Alert! Fintech Businesses Can Take Many Forms—Look at the Tax Effects

Creating a financial technology (fintech) firm comes with a host of tax considerations and implications. Decisions about the business's structure, along with the location of both the business itself as well as its employees, can affect the entity's tax obligations. Learn about the considerations by referencing this article. Read now » Related Content Start-Up Resource Kit Refer to this resource kit...

September 12, 2023

Pre-eviction Procedures

Many states have statutory notices and other requirements that landlords must follow prior to evicting tenants. Use this flowchart to evaluate the type of statutory pre-eviction notice required when a California commercial tenant defaults on its lease, commits or maintains a nuisance, or engages in illegal activity at the leased premises. For more information on pre-eviction and eviction procedures in other states, see...

September 12, 2023

Back to the Basics: Assessing Proper Deal Structure

M&A practitioners will often navigate a client through the strategic and legal considerations of possible acquisition structures. Factors such as successor liability, owner approval, and tax all drive deal structuring questions. Often, the deal parties want to structure the deal to maximize the potential benefits for both sides. Review this practice note for a summary of the salient benefits and drawbacks of three...

September 12, 2023

ForeWARNed is Forearmed: Watch Our WARN Act Key Considerations Video

Need to understand an employer’s compliance obligations under the federal Worker Adjustment and Retraining Notification (WARN) Act? Watch our newly published practice video, featuring Kristine Sova of the Law Office of Kristine A. Sova. Watch now » Related Content WARN Act Compliance Checklist Use this checklist to better understand WARN requirements. Reductions in Force and WARN Compliance Understand...

September 12, 2023

Defend Trade Secrets Act Fundamentals

Check out this practice note for an overview of the Defend Trade Secrets Act (DTSA), including federal trade secret misappropriation claims, standing, statute of limitations, preservation of confidentiality during litigation, remedies, and the DTSA's whistleblower immunity and notice provisions. Read now » Related Content Defend Trade Secrets Act (DTSA) Claims and Remedies Checklist Use this checklist...

September 12, 2023

The Impact of Climate Change on Workers and Employers: The California Experience

Gain insight from the Hon. Susan V. Hamilton on how climate change is relevant to work and to workers’ compensation, the more direct impact of climate change upon California workers, and legislative and regulatory efforts to mitigate climate change effects. Read now » Related Content Climate Change Resource Kit Do a deep dive into a collection of climate change resources from across the Practical Guidance...

September 12, 2023

State Law Comparison Tool – Assisted Living / Residential Care Facility Licensing

Review and compare licensing requirements for assisted living and residential care facilities across all 50 states and the District of Columbia in this new State Law Comparison Tool topic from Practical Guidance – Healthcare. Identify governing statutes and regulations and responsible state agencies; access application forms; and stay current on relevant definitions, acceptable forms of ownership, management and...

September 12, 2023

Ukraine/Russia-Related Sanctions and Response Plan for Financial Institutions

As the Russian invasion in Ukraine continues, financial institutions are reminded to remain vigilant in complying with economic sanctions imposed by the U.S. Executive Administration, U.S. Department of the Treasury Office of Foreign Assets Control (OFAC), and other regulatory agencies. Access this checklist to review current sanctions and restrictions imposed on Russia, its entities, and individuals, and gain insight...

September 12, 2023

Worried About Solvency Issues? Watch This!

Watch this new video explaining the use of solvency certificates and solvency opinions in financing transactions. Often, as a condition precedent to closing, borrowers are required to deliver a solvency certificate to attest to the solvency of the loan parties. Read now » Related Content Preparing Legal Opinions and Other Common Aspects of Opinion Practice Read this practice note discussing the structuring...

September 12, 2023

Don’t Bring Me Down. Open Enrollment Already?

Open enrollment is fast approaching for calendar year employer health plans. It’s a time when employees (don’t forget those on COBRA or leave) can enroll in or make changes to their employer-based health insurance benefit options. Often, other benefit elections are involved, like life insurance, flexible healthcare spending and dependent care, disability, and other fringe benefit coverage. Employees may need...

September 12, 2023

Complying with China's Cybersecurity Rules in New Era of Enforcement

China's cybersecurity regulator, the Central Cyberspace Affairs Commission (CAC), recently conducted its first major cybersecurity investigation and findings against a multinational company. This, along with the CAC’s first administrative enforcement procedures, marks a new era of cybersecurity enforcement in China. In this article, Lorna Chen and Jieni Ji of Shearman & Sterling LLP, discuss how multinational...

September 12, 2023

Do You Want to Avoid Pitfalls in the DC?

Do you have clients that buy or sell goods in Washington, D.C.? Learn how to avoid common pitfalls that often occur when drafting and negotiating a sale of goods agreement in the District of Columbia. Read now » Related Content Drafting a Sale of Goods Agreement Checklist (DC) Use this related checklist when drafting and negotiating your agreement in the District of Columbia. Key Provisions of Sales...