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...

September 10, 2024

Privacy Notices at Collection that Comply with CCPA/CPRA: A Guide for Covered Organizations

Covered organizations can adapt this notice to comply with the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CCPA/CPRA), Cal Civ Code § 1798.100 et seq., by providing consumers with notice describing the personal information collected about them and how it is used. Read Now » Related Content Privacy Notice at Collection (CCPA/CPRA) for California Employees Use this...

September 10, 2024

Will They? Won’t They? Adapting to the Court Stay on the FTC’s Noncompete Ban

On August 20, 2024, the Northern District of Texas issued its final ruling in Ryan , LLC . v . FTC on the merits of summary judgment cross-motions, contesting the legality of the Federal Trade Commission’s NonCompete‑ Rule which would prohibit most employee non-compete agreements. The rule was scheduled to become effective on September 4, 2024. In its order, the District Court vacated the Non-Compete Rule with nationwide...

September 10, 2024

Blue Is the New Green

Read this new practice note discussing blue bonds. Blue bonds are any type of bond instrument where the proceeds are exclusively applied to finance or re-finance, in part or in full, new and/or existing blue projects that promote sustainable use of maritime resources and the promotion of related sustainable economic activities. READ NOW » Related Content Sustainable Finance and ESG Resource Kit Check out...

September 10, 2024

What's Next for the Regulatory Landscape Post-Chevron?

The Supreme Court’s decision in Loper Bright Enters. v. Raimondo, 144 S. Ct. (2024), effectively overturned Chevron, U.S.A., Inc. v. NRDC, Inc., 467 U.S. 837 (1984). The potential impact of the end of Chevron deference on financial laws and regulations continues to unfold. Access this practice note, written by various authors from the Chevron Deference Working Team at Holland & Knight , which examines how the...

September 10, 2024

HIPAA Qualified Protective Order

Use this template, HIPAA-qualified protective order from Lexis Practical Guidance – Healthcare in federal court proceedings, to obtain protections when introducing your client’s protected health information (PHI) in litigation. Conform to the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 145 C.F.R. § 164.512(e)(1), and Fed. R. Civ. P. 26(c). With modifications...

September 10, 2024

Take This Job And Shove It: Compliance Concerns Raised Over State Legislation to Curb Workplace Violence

Examine the lack of consensus among policymakers and California’s sweeping anti-violence law; includes a map depicting the wide-ranging legislative proposals tackling this workforce crisis. Read now » Related Content Gun Violence Coverage Issues Explore insurance coverage issues related to gun violence, recent litigation in response to active shooter and mass shooting incidents, and policy trends addressing...

September 10, 2024

Trade Book Publishing Agreements

Review the key legal and business issues in a trade book publishing contract. This practice note, written by expert author Connie J. Mableson, addresses important provisions including copyright ownership, the author's grant of rights, term, advances and royalties, accounting, manuscript delivery and acceptance, and more. READ NOW » Related Content Publishing Agreement (Trade Book) (Pro-Publisher) Use...

September 10, 2024

Blunt Advice: Practical Guidance for California Employers on Marijuana in the Workplace

Do you need to help California employers dealing with employees who use marijuana? Read our new practice note, Marijuana Issues for Employers (CA) , by Mike Guasco of Guasco Employment Law, P.C. READ NOW » Related Content Cannabis Resource Kit Access materials on cannabis in many practice area offerings in Practical Guidance, including labor and employment. Medical and Recreational Marijuana (CA) Learn...

September 10, 2024

Duty of Disclosure and Consistency Requirements for Patent Applicants

Life sciences attorneys must understand the PTO’s duty of candor and good faith because failure to satisfy the duty can have dire consequences, including a holding of patent unenforceability. This practice note includes practical guidance for complying with the duty of disclosure rules. READ NOW » Related Content Life Sciences Patents and Licensing Resource Kit Find content to help you understand key...

September 10, 2024

Be Diligent When Training the First Year Associates

Fall is just around the corner, and new M&A associates will receive their first assignments. Reviewing due diligence is not just a rite of passage, it is an invaluable task that impacts negotiations, the drafting of definitive agreements, and sometimes due diligence findings can make or break a deal. Before tasking associates with due diligence review, be it buy-side or sell-side, use Practical Guidance as a resource...

September 10, 2024

Purchasing Land (with Water Rights)

The value of water has risen in the U.S. especially in areas where droughts have become more prevalent. Though water rights can be transferred between entities, there are restrictions, limitations, and federal approval required. Read this article regarding a lawsuit against the U.S. Bureau of Reclamation for its approval of a $21 million water sale contract between a private property owner selling water rights to a Phoenix...

September 10, 2024

Educational Assistance for Employees: Why Not Provide a Nontaxable Benefit?

IRS issued a reminder that employers who offer educational assistance programs can also use them to help pay for their employees’ student loan obligations through Dec. 31, 2025. These programs rely on I.R.C. Section 127 which permits up to $5,250 of qualifying educational assistance to be provided to an employee each year on a nontaxable basis. The option to use educational assistance programs to pay for workers’...

September 03, 2024

Are you an Insider who Wants a Release? Not so Fast!

Bankruptcy Code Section 503(c)(1) includes strict requirements for a court to approve retention plans for insiders. Recently, U.S. Bankruptcy Judge Michael E. Wiles of the U.S. Bankruptcy Court for the Southern District of New York issued a ruling in In re Mercon Coffee Corp. , invalidating insider releases in a proposed Chapter 11 plan on the basis that the releases were improper retention-related transfers. Check out...

September 03, 2024

U.S. Justice Department Officials Launch Corporate Whistleblower Reward Pilot Program

In a recent development in whistleblower report handling, the U.S. Department of Justice (DOJ) announced that whistleblowers would be able to visit a DOJ web page to report information about certain types of corporate crime and, if appropriate, receive a portion of any criminal proceeds forfeited. Read this article, originally published on MLex, a Lexis Company, for additional details on the program. Read now »...

September 03, 2024

How Loyal Are You?

Learn about loyalty programs, which provide incentives in exchange for a customer's purchase commitment, including types of loyalty programs, antitrust implications, and guidance on minimizing the associated legal risks. Read now » Related Content Advertising and Promotion Fundamentals Read an overview of the advertising and marketing field, including types of activities that qualify as advertising and...

September 03, 2024

Unmasking Cyber Threats: Understanding Threat Actors, Intrusion Tactics, and Incident Response

Review types of threat actors, how they gain access to your network, special types of intrusions (such as insider threats, email compromise, and supply chain compromise), and the steps you should take in responding to a data security incident. Read now » Related Content Malware and End User Attacks Overview Review the major types of end user attacks that may be executed against your network, ways to detect...

September 03, 2024

What’s Going to Happen to my Job? Compensating the Executive When a Change-in-Control Looms

In some M&A transactions, pre-existing employment contracts might provide certain employees with rights that must be dealt with in connection with acquisition, in some cases even if such employees will not be retained by the buyer. For example, an officer may be entitled to stock options or other compensation that may be accelerated in connection with a sale or change of control of the company. Read now »...

September 03, 2024

When Your Corporate Marriage Has a Built-in Expiration Date

Negotiating the term provisions for a wind lease is one of the most important functions counsel can accomplish. Too short of a term, and the wind lease development may not be financially viable. Too long of a term, and the landowner’s heirs and assigns will be burdened by terms they never negotiated. Learn how to negotiate the correct wind lease term, and how to draft the same, by viewing this video. Watch now...

September 03, 2024

New Video! Structuring Issues in Leveraged Acquisitions

Watch this new video discussing certain structuring issues in the context of acquisition financings, including collateral security, intercreditor, and bankruptcy issues. While these issues are not unique to acquisition financings, there are certain aspects that may be the subject of particular focus in an acquisition financing. Read now » Related Content Suretyship Defenses and Bankruptcy Issues in Guaranties...

September 03, 2024

State Laws and Regulations Governing Mortgage Servicing Fees

Practical Guidance offers a Mortgage Servicing Fees topic in the FSR State Law Comparison Tool. This Q&A series offers comprehensive guidance on permissible mortgage servicing fees for institutions across all 50 U.S. states​. Practitioners can utilize this tool to understand the regulatory requirements for disclosures and statutory fees that companies servicing consumer residential mortgages may charge. Read now...

September 03, 2024

Healthcare Transaction State Premerger Notification Requirements

Access this state law survey from Lexis Practical Guidance – Healthcare for up-to-date information on state laws and pending state legislation that impose premerger notification requirements on transactions (e.g., mergers, acquisitions, affiliations, or similar combinations) involving one or more healthcare providers (e.g., health systems, hospitals, or provider groups). Review the types of transactions covered...

September 03, 2024

Lawmakers Address a Flood of Climate Change Legislation

Learn how states are exploring measures intended to assist in meeting various climate goals. The article includes a map showing states considering and states enacting climate change laws in 2024. Read now » Related Content Market Trends 2023: Disclosure Related to Climate Change Scrutinize 2023 market trends on disclosures of climate change risks and mitigation by public companies, which are intertwined...