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...

October 01, 2024

Conducting Phase I Environmental Site Assessments

Obtaining a Phase I environmental site assessment (ESA) is essential to conducting environmental due diligence for commercial real estate transactions. The goal of a Phase I ESA is to evaluate readily available evidence to identify sources of potential environmental liability and risk for the subject property. Read this practice note to learn more about Phase I ESA under the American Society for Testing and Materials...

October 01, 2024

Block-and-Tackle: Using Blocker Corporations in Private Equity Planning

When tax-exempt or non-U.S. taxpayers invest in U.S. businesses, unwanted and unintended U.S. tax obligations can follow without careful planning. Blocker corporations have become a common strategy employed by private equity (PE) funds, particularly in buyout transactions, to shield or block various tax attributes from automatically flowing through to the ultimate owner or taxpayer. By understanding the role of blocker...

September 24, 2024

Locking Down the Lockup

Chapter 11 debtors may seek commitments from creditors to vote in favor of their Chapter 11 plans prior to or during the case. Check out this expertly drafted article discussing a recent decision where the court severed a provision in certain postpetition agreements with aircraft lessors requiring the aircraft lessors—and creditors—to vote their claims in favor of a Chapter 11 plan. Read now » Related...

September 24, 2024

First Year Associate? Practical Guidance and Jim Wagstaffe Have Your Back

When you’re worried you might be asking your senior associate or partner a question to which you “should already know” the answer, check out our First Year Associate Resource Kit. Resource Kits collect all forms of Practical Guidance, from detailed how-to practice notes to quick infographic checklists. We even have templates if you’re asked to draft a document you’ve never seen outside of...

September 24, 2024

Schedule 13D or 13G Filing Chart

The accelerated Schedule 13G filing deadlines adopted by the SEC in their October 10, 2023, “Modernization of Beneficial Ownership Reporting” rulemaking will become effective on September 30, 2024. Among other changes, Qualified Institutional Investors that acquire more than five percent of a class of equity security will be required to make their initial Schedule 13G filing within five business days after...

September 24, 2024

EPA Grants 8-Month Extension for PFAS Reporting: A Win for Industries, A Concern for Environmentalists

This month, the EPA extended the reporting deadline for PFAS manufacturers and importers, pushing the beginning of the reporting period from November 12, 2024, to July 11, 2025. See the PFAS Key Development Tracker for more information on this and other PFAS state and federal regulatory changes. Read now » Related Content Climate Change Resource Kit Learn more about climate change concerns, including effects...

September 24, 2024

It's All on the Label!

Learn about the legal requirements and implications associated with product labeling, the various sources for labeling requirements, unique product labeling obligations for certain industries and products, and source labeling requirements. Read now » Related Content FTC Labeling Requirements for Consumer Goods Gain an overview of the Federal Trade Commission's labeling requirements under various acts...

September 24, 2024

Data Breach Litigation: Strategies for Preserving Privilege and Work Product Protection

Federal courts in data breach litigation have rejected assertions of privilege and ordered the production of forensic reports. In this new video, Squire Patton Boggs partner Kristin Bryan discusses four important takeaways from these cases suggesting certain basic measures to preserve privilege in the wake of a cyber-attack. Watch now » Related Content Data Breach Litigation: Protecting Privilege and Work...

September 24, 2024

I’ll Be Back! Handling Benefits during Employee Leaves of Absence

There are many reasons employees may take leave (bereavement, sickness, vacation, sabbatical, disability, military leave). Some leaves provide employees with protections, such as leaves under the Family Medical Leave Act, USERRA, the Pregnancy Discrimination Act, or state law. Employers must account properly for the accrual of an employee's benefits and service during a leave of absence and still provide opportunities...

September 24, 2024

Drafting Security Agreements

Watch this new video explaining how to draft and negotiate covenants, representations and warranties, and remedies provisions in a security agreement. These provisions must be drafted to ensure that the secured parties maintain a continuing perfected security interest under the Uniform Commercial Code or otherwise, while at the same time providing flexibility for the debtors’ operations. Watch now » Related...

September 24, 2024

Regulators Plan Changes to Bank Capital Requirements

Bank regulators have announced a plan to revise the proposed Basel III endgame rules, including adjustments to the capital surcharges that global systemically important banks (G-SIBs) are required to maintain in reserves. The proposed plan will cover all major areas of the Basel endgame proposed rule credit risk, operational risk, and market risk, and include a significant cut in the amount of capital reserves required...