September 24, 2024

Biosimilars and the Biologics Price Competition and Innovation Act

Learn about the litigation process set up by the Biologics Price Competition and Innovation Act (BPCIA) to facilitate resolution of patent disputes between reference product sponsors and biosimilar manufacturers. Read now » Related Content Marketing Exclusivities for Prescription Drugs Understand the parameters of certain non-patent exclusivities for prescription drugs in the United States. Practical...

September 24, 2024

Merging Markets, Banking Targets: Newly Updated Banking M&A Guidance

In the United States, federal and state banking laws and the regulations promulgated by federal and state banking regulators provide a comprehensive system that regulates and supervises the activities of banking institutions, including their M&A activities. As a result, banks are most often acquired by other banks, bank holding companies, and financial holding companies. Furthermore, in addition to financial, tax...

September 24, 2024

Additional Financing Opportunities for Developers

Commercial Property Assessed Clean Energy (C-PACE) financing provides borrowers access to additional capital for constructing energy-efficient improvements. Private lenders offer C-PACE financing in most states with the financing assessment program administered by the applicable local government. Read this article to learn about the benefits and risks of C-PACE financing. Read now » Related Content Environmental...

September 24, 2024

Private Eyes Only: Tax Issues in Private Equity Transactions

Private equity transactions refer to investments (and the sale or disposition of those investments) made by pooled investment vehicles (a private equity fund, venture fund, or other group of institutional investors) in the non-publicly traded securities issued by businesses or assets at varying stages of development. Tax issues abound at the fund, general partner/manager, investor, and portfolio levels when structuring...

September 17, 2024

Generative AI Rules Tracker: State and Federal Courts

Use our tracker to keep up with the individual rules and standing orders implemented by certain federal and state court judges, court administrations, and bar associations governing the use of generative AI in court filings. We review our tracker at least once each week and update accordingly, so check it out and bookmark it at the link below! Read now » Related Content Generative Artificial Intelligence ...

September 17, 2024

Intrastate Crowdfunding Regulations (NJ)

State securities registration and qualification regulations apply where they are not preempted by federal regulations, such as for intrastate crowdfunded offerings. Although state rules are broadly similar, there are notable differences between them. These differences can affect an issuer’s choice of state for their contemplated offering. Use this checklist to get an overview of New Jersey’s intrastate crowdfunding...

September 17, 2024

Kick Off the School Year: Stay Ahead with the Latest in Student Privacy Laws!

Catch up on state student privacy laws when you explore the Student Privacy Requirements topic in our Data Security & Privacy State Law Comparison Tool . Coverage includes entities and students covered, key definitions, notice and consent requirements, service provider obligations, and more. Read now » Student Privacy Requirements (CA) Check out this state Q&A document setting out California’s...

September 17, 2024

Don’t Be Scared! Weaving Cybersecurity Awareness into Your Plan Fiduciaries’ Duties

Cybersecurity is the word, and fiduciaries of employee benefit plans governed by the Employee Retirement Income Security Act of 1974 should implement cybersecurity risk management strategies to mitigate the risks of liabilities that can result from cybersecurity attacks on ERISA employee benefit plans. With the Department of Labor (DOL) having issued initial guidance on the extent of a fiduciary’s cybersecurity...

September 17, 2024

Assumption of the Risk and Contributory Negligence Defenses in Medical Malpractice Cases

Review this practice note—adapted from the Matthew Bender & Company, Inc. treatise Louisell and Williams, Medical Malpractice —for a discussion of the elements of and considerations regarding the assumption of the risk and contributory negligence defenses in medical malpractice actions. Get up to speed on both express and implied assumption of the risk defenses. Drill down on the concept of contributory...

September 17, 2024

Thar She Blows: Navigating R&W Claims

Explore this practical guide on buyer-side representations and warranties insurance for business owners and general counsel. Read now » Related Content Representations and Warranties Insurance: Fundamentals Get an overview of R&W insurance, including underwriting and the various aspects of claims, coverage, and dispute resolution. Representations and Warranties Insurance Policy Selection Learn...

September 17, 2024

Derivative Work or Fair Use?

A major point of confusion in copyright law is distinguishing between what constitutes an unauthorized derivative work and what constitutes fair use of an underlying work. Read this practice note to gain insight on the analysis. This practice note also discusses what constitutes a derivative work, to what extent derivative works are copyrightable and registerable with the U.S. Copyright Office, limitations on derivative...

September 17, 2024

Repping the Right Way: New NLRB Framework for Representation Management (RM) Petitions

Do you need to understand the legal requirements and procedures for filing a Representation Management (RM) Petition and best practices for addressing the National Labor Relations Board's recently modified process for such petitions? Read Representation Management Petitions and Representation Elections by Adam Keating, Duane Morris LLP. READ NOW » Related Content Representation Proceedings: Best Practices...

September 17, 2024

CFIUS’s Annual Report, the Treasury Department’s Outbound Investment Rules, and More! What’s New in Practical Guidance Corporate and M&A

Between the Treasury Department’s release of the highly anticipated draft outbound investment regulations to the Committee on Foreign Investment in the United States (CFIUS)’s annual report to Congress detailing a booming year in cross-border deal scrutiny, Practical Guidance Corporate and M&A is packed with new content from industry leading attorneys on the critical legal developments you won’t...

September 17, 2024

Commercial Property Owners: Plan Ahead and Prepare for Emergencies!

A disaster management and emergency response plan is essential for commercial real property owners, landlords, managers, and governing bodies. Read this guidance on preparing and responding to disasters, including casualty losses, natural disasters, cyberattacks, and criminal or terrorist acts. Read now » Related Content Cybersecurity and Data Privacy in Commercial Real Estate Learn about key considerations...

September 17, 2024

Let Me Predict the Future: Taxes Will Increase—Unless Congress Acts

With more than $4 trillion of tax increases scheduled to take effect at the end of 2025, given the sunsetting provisions of the Tax Cuts and Jobs Act (TCJA), 2025 will be the most consequential year for tax legislation since the 2017 enactment of the TCJA. Whatever the results of the Presidential election, it’s expected that Congress and the new administration will confront these looming tax increases—or will...

September 17, 2024

America’s Midstream Network is Key to European Energy Independence

Europe is highly dependent on Russian natural gas to generate electricity and provide heat. As Russia’s invasion of Ukraine continues to drag on, and the NordStream pipeline has largely been placed out of commission through sabotage, there is a growing push to cut off the use of Russian natural gas in favor of more reliable suppliers. But how will Europe replace its reliance on Russian natural gas? America’s...

September 17, 2024

Watch This! Leveraged Dividend Recapitalizations Video

Watch this new video providing an overview of leveraged dividend recapitalizations, in which a company incurs debt and uses those proceeds to pay a dividend to its shareholders or to repurchase its outstanding shares. VIEW NOW » Related Content The Client Asks: Is a Dividend Recapitalization Permitted Read this practice note providing a step-by-step guide to determine whether a dividend recapitalization...

September 17, 2024

Changes in The Regulation of Digital Asset Lending Platforms

Driven by the need to support responsible innovation between banks and fintech companies, the U.S. federal banking agencies recently issued a Request for Information (RFI) from banks and fintech companies regarding their arrangements for deposits, payments, lending, and risk management. Explore this practice note for an overview of the development, regulation, and enforcement of digital asset lending platforms in the...

September 17, 2024

Is it a Plan or a Scheme?

Learn more about multi-level marketing programs under the Federal Trade Commission Act, including the elements of such programs, compliance with the Act and risk mitigation, FTC enforcement, and distinctions between valid multi-level marketing plans and fraudulent product and/or service-based pyramid schemes. Read now » Related Content Avoiding Illegal Pyramid Schemes Checklist (Consumer) Use this checklist...

September 17, 2024

Everything an In-House Bankruptcy Attorney Needs

In-house counsel may advise internal clients on bankruptcy matters and non-bankruptcy alternatives. Check out this resource kit for a collection of Practical Guidance materials covering many of the tasks and issues that in-house attorneys regularly address when the client is filing for bankruptcy or when the client is a lender, supplier, customer, or other interested party to a company that files bankruptcy. READ NOW...

September 10, 2024

Don’t Forget About Bankruptcy Risks When Developing Intellectual Property

Recently, the Third Circuit held that Mallinckrodt could discharge its obligations to pay future royalties. Check out this expertly drafted article discussing this decision. READ NOW » Related Content Intellectual Property Agreements: The Assumption/Rejection Risk Read this practice note for information on the treatment of intellectual property agreements in bankruptcy Sale of Intellectual Property...

September 10, 2024

Arbitration and AI: New Checklist

Our new checklist summarizes the JAMS Rules governing arbitrations involving disputes concerning artificial intelligence systems (JAMS AI Rules) and includes topics such as the scope of the rules and the specific provisions for commencing the arbitration, discovery, hearings, and the issuance of an award. Check it out at the link below! Read now » Related Content How to Increase ADR Neutral Diversity Check...

September 10, 2024

Lock-Up Agreement (IPO)

Lock-up agreements are typically used in the context of a securities offering to prohibit insiders, such as directors, executive officers, and significant shareholders, from selling their shares too soon after the closing of the offering. Although the overall agreement is relatively simple, it remains a key document that helps to stabilize the market for the company’s shares immediately post-IPO. It also contains...

September 10, 2024

Mechanic’s Lien State Law Survey

All 50 states permit the placement of mechanic’s liens on real property by unpaid general contractors, subcontractors, sub-subcontractors, and material providers. Although the specific requirements for filing and enforcing a mechanic's lien vary by state, most states’ mechanic's lien laws address the same general principles and concepts. Significant differences, however, separate the states as to the...

September 10, 2024

Can I Get High in this State? Take the Survey

Learn about the current legal status for the medical and recreational use of marijuana in all the states, including information about the state regulatory bodies that are responsible for its regulation, a summary of the laws, and information about decriminalization where it is illegal. Read now » Related Content Cannabis Law Practice Overview Read an overview of the legal issues related to cannabis that...