July 16, 2024

A Coverage Vignette: From Spinal Injury to Permanent Impairment with the AMA Guides, Fifth Edition

Follow the Hon. Robert G. Rassp, Presiding Judge, of the California WCAB, as he walks through a real case and shows how an employee’s lumbar spine injury results in a ratable permanent disability using the AMA Guides, Fifth Edition . Read now » Related Content Workers’ Compensation Law (CA) See this practice note for answers to key questions about California workers’ compensation law. ...

July 16, 2024

Federal Healthcare Program Exclusions Prevention Checklist

Guide your healthcare provider clients through key legal and operational considerations to avoid exclusion from participation in Medicare, Medicaid, and other government-funded healthcare reimbursement programs. Use this checklist to advise healthcare providers, including health systems, hospitals, physician groups, and individual practitioners. Learn how to avoid exclusion before the Office of Inspector General (OIG...

July 16, 2024

The Bank Service Company Act: The Curious Late Life of an Old Law

The Bank Service Company Act (BSCA), enacted in response to the technological and expertise challenges faced by banks during the 1960s, permits banks to acquire and utilize bank service companies. The BSCA also authorizes U.S. banking agencies to examine and regulate bank service companies to the same extent as banks. Practitioners should explore this practice note, written by James P. Bergin and Paul Lim of Arnold &...

July 16, 2024

New Video! Demand Guarantees

Watch this new video providing an overview of second lien debt, an increasingly preferred form of junior financing as compared with unsecured debt, subordinated mezzanine debt, or unsecured high yield debt. Read now » Related Content Finance Fundamentals Resource Kit See this resource kit for an overview of a financing transaction. This broad index encompasses all aspects of the financing, from the negotiation...

July 16, 2024

I Need It Now! Taking a Look at IRS Guidance on Emergency Personal Expense Distributions

The SECURE 2.0 Act added an exception to the 10% early distribution penalty tax under I.R.C. § 72(t) for "emergency personal expense distributions" from a defined contribution plan. The exception, discussed under I.R.S. Notice 2024-55 , recognizes that 401(k)/403(b)/457(b) savings may be the primary savings a participant has and sometimes participants need money fast. The recent IRS notice keeps the 10...

July 16, 2024

CPPA Aims to Quell Data Broker Questions and Confusion on New Law

The California Privacy Protection Agency (CPPA) launched the formal rulemaking process on July 5, 2024, by seeking public comment on proposed regulations for data broker registration mandated by Senate Bill 362, also known as the Delete Act. The CPPA’s proposed rules were drafted in response to data brokers’ questions about their registration requirements. Public feedback will be accepted through August 20...

July 16, 2024

E-Commerce Transactions

Learn about potential legal issues when conducting e-commerce transactions. This resource kit includes guidance for online businesses, including an overview of laws and regulations governing the validity of electronic signatures and notice and consent requirements. Read now » Related Content Electronic Contracts Read about issues arising from the formation of contracts using electronic recording technology...

July 16, 2024

Changes in Work and Claims Provisions in Construction Contracts

Once construction begins on a project, changes are inevitable due to changing or unforeseen site conditions, design issues, or the owner's shifting needs or desires. It is imperative that construction contracts contain a framework for dealing with these changes efficiently and fairly. Read now » Related Content Surety Performance and Payment Bonds Learn about using surety bonds on a construction project...

July 16, 2024

Corporate Transparency Act Update: Beneficial Ownership Reporting FAQs

In April 2024, FinCEN updated and expanded the Beneficial Ownership Information Reporting Frequently Asked Questions regarding the Beneficial Ownership Information Reporting Rule. Updates relate to pass-through entities, homeowners associations, trusts, and more. Use this checklist to understand FinCEN’s guidance for beneficial ownership reporting. Read now » Related Content Corporate Transparency...

July 16, 2024

Discover Summer

Beat the heat and just keep swimming… in discovery. Click below for a Discovery Motion Resource Kit, which will link you to everything we have on motions to compel, for a protective order, for sanctions, and to quash a subpoena. Read now » Related Content Motion for Protective Order: Making the Motion (Federal) Follow Jim Wagstaffe’s guidance on obtaining a protective order in a federal case....

July 16, 2024

It’s So Hard to Say Goodbye to Non-Consensual Third-Party Releases

The United States Supreme Court issued its long-anticipated decision in Purdue Pharma L.P .'s bankruptcy case. The Supreme Court held that the Bankruptcy Code does not authorize a release that, as part of a plan of reorganization under Chapter 11, seeks to discharge claims against a non-debtor without the consent of affected claimants. Check out this client alert discussing this decision. Read now » Related...

July 09, 2024

Are Conservation Easements Abusive Transactions? Learn more!

The IRS identifies charitable contributions of conservation easements as potentially abusive transactions. Often encouraged by promoters and armed with questionable appraisals, IRS asserts that contributions of conservation easements can result in inappropriately large deductions, and in some cases, taxpayers claiming deductions when they are not entitled to any at all. Read now » Related Content Commercial...

July 09, 2024

Short-term Rentals are Here for the Long Term

With the expansion of the short-term rental market, many jurisdictions are addressing concerns caused by the influx of transient occupants, including safety and liability issues. Learn about New York City’s Short-Term Rental Registration Law, also known as Local Law 18. Read now » Related Content Short-Term Rental Regulations Clause (Operator Residency Requirements) (Municipal) Check out this clause...

July 09, 2024

Sitting in the Windy City? Breathe Easy with this new Illinois Short Form Stock Purchase Agreement

No matter where you actually sit, if you have a straight-forward stock purchase and sale transaction governed by Illinois law, Practical Guidance has you covered. Our short form templates are designed for simultaneous sign and close transactions and will streamline your acquisition process, ensuring a smooth and swift journey from handshake to handover. Tailored with drafting notes addressing state-specific nuances, use...

July 09, 2024

Don’t Leave Without First Watching Our New FMLA Litigation Strategy Video

Are you interested in learning about key employer strategies for defending Family and Medical Leave Act (FMLA) litigation? Watch our new video, FMLA Litigation: Key Employer Strategies Video , by Kimberley E. Lunetta of Morgan, Lewis & Bockius LLP. Watch now » Related Content Family and Medical Leave Act (FMLA) Litigation Defense Strategies Identify strategic considerations when defending lawsuits brought...

July 09, 2024

Design Patents in the wake of LKQ Corp. v. GM Global Technology Operations LLC

The Federal Circuit’s recent decision in LKQ Corp. v. GM Global Technology Operations LLC changed the standard for finding obviousness in design patent cases throwing out the long-standing Rosen-Durling test and holding that the standard for utility patents should be used instead. Review new guidance and refresh your knowledge of design patent practice with this Design Patent Resource Kit, which includes resources...

July 09, 2024

Trying to Reason with Hurricane Season

Learn about ongoing homeowners insurance crises driven by extreme weather events and state measures aimed at stabilizing coastal property insurance markets. Read now » Related Content Positive Developments Looming in Homeowners Insurance Crisis Look back at the status of the homeowners insurance crisis and see where the market has moved since 2023. Property Insurers in California: Understanding Their...

July 09, 2024

Apparent Agency Theory of Liability in Medical Malpractice Cases

Understand how healthcare facilities may be found liable for the acts of their non-employed attending physicians under a theory of apparent or ostensible agency. Learn how courts have found that a physician, although technically an independent practitioner, has rendered services on behalf of the healthcare facility and is, in effect, a de facto employee or agent of the institution for purposes of liability. Get up to...

July 09, 2024

FDIC Expands Requirements for Big-Bank Resolution Plans

The Federal Deposit Insurance Corporation (FDIC) issued new rules which expand resolution-planning requirements to strengthen regulatory oversight of large banking organizations. The requirements apply to any insured depository institution with $100 billion or more in total assets. Review this article for a complete understanding of the new content and timing requirements for full resolution submissions, as well as the...

July 09, 2024

Watch This! Second Lien Financings Video

Watch this new video providing an overview of second lien debt, which is an increasingly preferred form of junior financing, as compared with unsecured debt, subordinated mezzanine debt, or unsecured high yield debt. Watch now » Related Content Credit Agreement Resource Kit Check out this resource kit providing an overview of drafting, reviewing, and negotiating a credit agreement. This resource kit includes...

July 09, 2024

If You’re Drowning, our New Official Forms Charts Can Save You

Does your client’s oil and gas exploration and production operation have you drowning in paperwork? Do they have filing obligations in states you are unfamiliar with? If so, check out our newest Practical Guidance chart, Upstream Oil and Gas Official Forms Chart (OH), to review Ohio official forms and instructions promulgated by state regulators. Read now » Related Content Upstream Oil and Gas Lease...

July 09, 2024

Take a Break! Watch and Learn More about DOL’s New Retirement Security Rule and Associated Prohibited Transaction Exemption Amendments

The U.S. Department of Labor (DOL) issued final rules in late April regarding its definition of fiduciary investment advice and associated prohibited transaction exemptions (PTEs). The rule and amended PTEs will protect retirement investors by requiring trusted advice providers to follow high standards of care and loyalty when making investment recommendations—particularly to participants moving their plan assets...

July 09, 2024

Navigating Biometrics: Strategies to Mitigate Legal Risks

To get ahead of the compliance curve, companies must take proactive measures to establish adaptable biometrics compliance programs. This newly updated practice note discusses the legal issues regarding biometric data including the major types of biometric technologies, state and local laws governing the collection and use of biometric data, recent Federal Trade Commission enforcement actions, and how to mitigate legal...

July 09, 2024

Considering Ending Your Relationship with a Vendor?

Obtain step-by-step guidance for terminating a commercial contract. Learn about the different types of termination provisions, requirements for a valid termination, and other legal and practical considerations when terminating a contract. Read now » Related Content Termination and Cancellation Rights Learn about the various ways in which a contract may be terminated. Termination Agreement Access this...

July 09, 2024

Cybersecurity Incident Checklist

Significant cybersecurity incidents are becoming more and more common across the board. More sophisticated incident responses and disclosures to regulators and investors are required. Use this checklist to help your clients plan for, and respond to, cybersecurity incidents that affect them. Read now » Related Content Modern Approaches to Cybersecurity: Incident Response Video Understand how cybersecurity...