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April 16, 2024

Fintech and Emerging Payments Technology

Following the 2023 bank failures, bank regulators continue to scrutinize the regulatory compliance of financial technology (fintech) companies, particularly those companies partnering with banks in the payments space. Federal banking agencies have broad supervisory and enforcement authority over fintech companies, and agencies, such as the Consumer Finance Protection Bureau, are increasingly exercising such supervision...

April 16, 2024

Keep This Confidential: Confidentiality Agreements in Financing Transactions

Learn how to use confidentiality agreements in financing transactions. Confidentiality or non-disclosure agreements are used by borrowers and potential lenders contemplating a proposed financing transaction to ensure that information delivered during negotiations is kept confidential and is used by the recipient solely for the purpose of deciding whether to participate in the transaction. Read now » Related...

April 16, 2024

What Phase Are We In?

Wind leases generally contain an option or development phase, where a wind developer runs tests and then maintains the ability to decide whether to proceed with the wind development. This period of years is all-important, as a nine or ten figure investment is predicated on the outcome of testing during this phase. Learn how to negotiate an option phase clause on behalf of your clients by watching our Wind Leases: Option...

April 16, 2024

Treat Me Right! Build a Supplemental Executive Retirement Plan for Your Executive Employees

Supplemental Executive Retirement Plans, or SERPs, are structured to avoid most rules that apply to qualified plans that limit the ultimate benefit that can be derived from the plan. SERPs are simply contractual promises to participants to pay an amount to them in the future (in the payment form(s) provided under the SERP). The SERP may be structured as an account balance plan and provide supplemental defined contribution...

April 16, 2024

Five Questions to Consider Before Post-Breach Communications

While there is no single strategy that applies across all businesses and incidents, there are five fundamental questions every business should ask before communicating about a data security incident. These five questions are intended to minimize both the legal and business impact of an incident on the organization. Read now » Related Content Data Breach Notification Resource Kit Navigate Practical Guidance...

April 16, 2024

Have You Been Assigned?

Obtain guidance and information relating to the assignment of rights and obligations in commercial agreements. Read now » Related Content Commercial Contract Assignment Learn about the assignability of commercial contracts in this practice note. Assignment and Assumption Agreement (Novation) Use this template to transfer an agreement from one party to another. Notice of Assignment Send this letter...

April 16, 2024

SEC Adopts New Climate Change Disclosure Requirements

The SEC adopted final rules on March 6, 2024, introducing new disclosure requirements applying to registration statements and annual reports for certain types of public companies. Read this article to get an overview of the required disclosures, how the rules affect different types of companies, and the complex phase-in schedule. Read now » Related Content Environmental, Social, and Governance (ESG) Resource...

April 16, 2024

Out with the Old: Lateral Moves for Litigation Attorneys

Out with the old, in with the new! We survived a solar eclipse and northeastern earthquakes, so maybe you’re ready for a change. If so, find everything you need to know about lateral moves for civil litigation attorneys in our expert-authored practice note. Our experts provide solutions to many obstacles to a successful move as well as high-level guidance to make sure you keep sight of the big picture. Check it...

April 16, 2024

April Showers Brings Mega Bankruptcy Filings!

We are just over two weeks into April and over 10 entities have already filed mega Chapter 11 bankruptcies. Check out this handy resource to help you keep track of new mega Chapter 11 bankruptcy filings. The tracker provides a summary of certain first-day filings, a list of the debtors’ largest creditors, links to related Practical Guidance content, and more. Don’t forget to set an alert, so you are notified...

April 10, 2024

Lights, Camera, Action! Watch and Learn by Accessing our Practice Videos Resource Kit featuring 750+ Cross-Practice Area Videos in One Place

Scroll through our new Practice Videos Resource Kit and sample our vast cross-practice area video collection. Want to learn more about Section 911 issues when working abroad? Or how Section 409A applies to deferred compensation? Grab some ear buds and listen to these and more topics under the Tax heading of this resource kit. Read now » Related Content Relocating Abroad? Don’t Forget the Tax Issues...

April 09, 2024

Do the Tenants Know About the Sale Yet?

Sellers generally must notify their residential tenants regarding the property sale and lease transfer. They must also return the tenant’s security deposit or transfer it to the new owner. Use this template to inform Massachusetts tenants of a transfer or assignment of the residential property and the tenant’s lease. See the Related Content section below for similar templates in other jurisdictions. Read...

April 09, 2024

You Can’t Afford to Miss This Guidance on the New Stock Buyback Excise Tax

The Inflation Reduction Act of 2022 contained many tax code reforms and changes, but few have received as much attention from the corporate world as a new 1% excise tax on stock buybacks and share redemptions by covered corporations. What is a “covered corporation,” and what kinds of transactions are ''economically similar” to buybacks and redemptions? Find out with this new practice note! ...

April 09, 2024

No Labels? Not an Option

Access practice notes, checklists, and other essential content and tools covering labeling requirements for FDA-regulated products with the Life Sciences Labeling, Marketing, and Sales Resource Kit. Read now » Related Content FDA Warning Letters Tracker Monitor trends in Food and Drug Administration (FDA) enforcement activity, including warning letters issued for alleged violations of product labeling requirements...

April 09, 2024

Time to Watch Practical Guidance Videos—New Resource Kit Makes Them Easy to Binge

Fast forward and find practice videos efficiently by reviewing our brand new Practice Videos Resource Kit, which organizes all 750 Practical Guidance videos by practice area and topic. Read now » Related Content Artificial Intelligence (AI) in the Workplace Video Review key considerations regarding AI in the workplace. ADA Reasonable Accommodation Video Learn how to comply with the Americans with Disabilities...

April 09, 2024

DMCA Compliance and Enforcement

Check out this practice note for a discussion of how to resolve online copyright disputes through the Digital Millennium Copyright Act's (DMCA) notice and take-down procedures. Read now » Related Content DMCA Pre-Notice Investigation Checklist Explore this checklist for the steps to take when investigating alleged online copyright infringement before sending a take-down notice under the DMCA, as well...

April 09, 2024

Pass the Popcorn, it’s Cyber Showtime!

Sit back and get ready for a good show! Watch this video, the first in a series of four, designed to bring clarity to cyber coverage basics and highlight difficulties that arise when choosing among cyber liability policies. Watch now » Related Content Cyber Liability Insurance: Tips for Selecting a Strong Insurance Broker, Carrier, and Policy Use the tips in this practice note to help a client incorporate...

April 09, 2024

New Fraud, Waste, and Abuse Policy for Hospitals and Health Systems

Let LexisNexis Practical Guidance – Healthcare continue to assist you as your healthcare organization clients build their compliance programs by using this newest template policy and procedure. Establish guidelines to prevent, detect, and respond to instances of fraud, waste, and abuse at your client’s organization. Emphasize a proactive approach to prevention using effective detection techniques. Ensure a...

April 09, 2024

New: Checklist For Climate-Related Financial Risk Management

Recent interagency guidance provides a framework for the risk management of climate-related financial risks for large financial institutions with over $100 billion in total consolidated assets. Practical Guidance developed this checklist to aid institutions and in-house counsel in understanding the risk management principles and provide recommendations to address climate-related financial risks for large financial institutions...

April 09, 2024

New Video! Reserve-Based Loans

Watch this new video discussing reserve-based loans (RBLs). Oil and gas (O&G) exploration and production activities are capital intensive. O&G companies have several main ways of financing these activities, including equity financing, third-party high-yield debt financing, and reserve-based financing. Check out this four-minute video to understand the issues to consider when structuring an RBL facility and negotiating...

April 09, 2024

Lights, Camera, Action! Watch and Learn by Accessing our Practice Videos Resource Kit featuring 750+ Cross-Practice Area Videos

Scroll through our new Practice Videos Resource Kit and sample our vast video collection of topics in 26 practice areas. Want to learn more about ERISA litigation, health savings accounts, cafeteria plans? Grab some ear buds and listen to these and more topics under the Employee Benefits & Executive Compensation heading of this resource kit. Read now » Related Content Golden Parachute Rules Video Watch...

April 09, 2024

What You Need to Know About Washington’s Expansive Consumer Health Data Law

Washington's My Health My Data Act became effective on March 31, 2024, for most regulated entities. Understanding the fundamentals of this law is critical as it is expected to have national implications. In fact, it may be one of the most significant U.S. privacy laws enacted in recent years. Read now » Related Content Health Information Privacy and Security Resource Kit Navigate Practical Guidance resources...

April 09, 2024

Your Review of This Resource Kit is Warranted

Acquire guidance and materials related to the use of warranties in commercial agreements and transactions, including express and implied warranties under the UCC. Read now » Related Content Representations and Warranties Drafting Understand the differences between representations and warranties, and read about the various types of representations and warranties in commercial contracts. Commercial Agreement...

April 09, 2024

New Construction Law Case Tracker

Each quarter, we collect and summarize relevant cases affecting construction practice in a case law tracker. The case summaries are excerpted from the Construction Law Digest , a monthly service that complements Construction Law . Read now » Related Content Construction Law Case Tracker (Q4 2023) Review the case tracker for notable construction cases from the fourth quarter of 2023. Construction Contract...

April 09, 2024

CD&A Drafting Checklist

The compensation discussion and analysis (CD&A) section of a proxy statement discusses a public company’s compensation programs and policies, compensation decision making, named executive officers (NEOs), and the “hows,” “how-muches,” and “whys” of their compensation packages. Use this checklist to get a quick reference of what CD&A disclosure should cover. Read now...

April 09, 2024

How to Practice in Tribal Courts

We at Practical Guidance Civil Litigation are proud to present our new practice note on practicing in tribal courts, authored by expert Angelique Eaglewoman. Our practice note demystifies the Tribal Court systems for litigators and prepares you for what will be expected of you when appearing in Tribal Courts. Check out the practice note at the link below to get started! Read now » Related Content Tribal Nation...