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September 03, 2024

Patent Marking: Staying Compliant and Avoiding Costly Mistakes

Patent marking plays a critical role in providing constructive notice to potential infringers and protecting a patent owner's ability to recover damages for infringement. Dive into this practice note to understand and implement effective patent marking practices on both physical products and virtual marking, and explore how to avoid the penalties and consequences of falsely marking products. Read now » Related...

September 03, 2024

Not as “Severe” or “Pervasive”? Some States Relax Workplace Harassment Standards

Do you need to learn about the growing trend in some states of relaxing or even eliminating the legal standard in workplace harassment cases? Read our article on lowering the bar for workplace harassment. Read now » Related Content Workplace Harassment Resource Kit Access current guidance on workplace harassment. Workplace Harassment in the Remote or Hybrid Workspace Review employer best practices...

September 03, 2024

It’s No Hallucination—Practical Guidance on AI in M&A is Here!

Artificial Intelligence (AI) is all over the news, your podcasts, and even CLE courses. But should you also be addressing AI with specific provisions in your acquisition agreements? Whether your client is buying, selling, or making an investment in a company in the AI business, Practical Guidance’s new practice note on AI considerations in M&A agreements, authored by expert attorneys Erin Hanson, Arlene Arin...

September 03, 2024

Repurposing Vacant Commercial Buildings

Cities impacted by commercial real estate vacancies are seeing more commercial buildings converted to residential units. Such conversions may be promising, with lucrative returns for developers and owners, but going through the conversion process presents its challenges. Read this discussion of the trend of converting commercial real estate to residential real estate in New York City and some of the issues that arise...

September 03, 2024

Intercompany Debt: A Handshake Isn’t Enough

For U.S. tax purposes, a company must comply with certain tax and transfer pricing considerations when structuring intercompany debt transactions. Considerations include application of the arm's length standards of Treas. Reg. § 1.482-2(a) , documentation requirements of regulations under I.R.C. § 385 , and the characterization of the instrument as either debt or equity under case law, rulings, and I.R.C...

September 03, 2024

Do You Remember? This September Check Out Subject Matter Litigation Resources

Let the groove get you to move on Civil Litigation’s subject matter litigation Resource Kits! No matter the reasons, whether you need to brush up on your commercial litigation fundamentals or hone your construction dispute strategy, with these Resource Kits, you’ll be a shining star. Read now » Related Content Commercial Litigation Fundamentals Resource Kit Use this resource kit to review the...

August 27, 2024

Google Found to Have Abused its Monopoly Power by D.C. District Court

In a closely followed case that parallels the Department of Justice’s (DOJ) 1990s Microsoft antitrust victory, a D.C. district court has ruled that Google is a monopolist and has maintained its monopoly positions through anticompetitive means—exclusive distribution agreements. What this means for Google remains unclear. The Microsoft case by no means unequivocally increased browser competition but did eliminate...

August 27, 2024

Got the Post-Olympic Blues? Cheer up with the Single Asset Real Estate Video!

Single asset real estate (SARE) Chapter 11 cases generally arise when a SARE debtor is forced to file for bankruptcy relief to stop an impending foreclosure sale. Watch this expert video highlighting what is required for a debtor to qualify as a SARE debtor entity and the rules governing SARE debtors. Read now » Related Content Single Asset Real Estate Bankruptcy Cases Check out this practice note on SARE...

August 27, 2024

Interact with our Litigation Deadlines Bot!

Our flowchart bot provides an interactive experience to help you calculate common deadlines for filing or serving various documents in federal litigation. Fear no more the Federal Rules of Civil Procedure! Check it out at the Read now link. Read now » Related Content Civil Litigation Fundamentals Resource Kit (Federal) Check out this fundamentals resource kit, one of our most used documents. You’ll find...

August 27, 2024

Cybersecurity Best Practices for Broker-Dealers Checklist

Earlier this year, the SEC and the Financial Industry Regulatory Authority (FINRA) released their respective annual reports setting out their priorities for the year ahead, which include a clear focus on cybersecurity. Broker-dealers should strongly consider implementing cybersecurity programs that address supervision, risk reduction, and oversight of activities and vendor relationships to mitigate the risk of cybersecurity...

August 27, 2024

Little Miller Act State Law Survey

The Miller Act requires prime contractors working on certain federal government construction contracts to post bonds guaranteeing both performance of the contract and payment of subcontractors and materials suppliers. 40 U.S.C. §§ 3131 through 3134. Nearly every state has its own Miller Act, referred to as Little Miller Acts. Like the federal Miller Act, state Little Miller Acts typically require contractors...

August 27, 2024

Are You Ready to Counter?

Gain an understanding of the similarities and differences between setoff, recoupment, and counterclaims, how they can be utilized in commercial agreements, and their application to a buyer's right to deduction of damages in sale of goods transactions and in bankruptcy proceedings. Read now » Related Content Contracts for Goods or Services Learn about contracts for the provision of goods or services....

August 27, 2024

Malware and End User Attacks Overview

Make sure you’re aware of the popular techniques used by threat actors to obtain access to a network or execute these compromises. This practice note reviews the major types of end user attacks that may be executed against your network, ways to detect attacks, and how to prevent and respond to them. Read now » Related Content Hacking and Network Intrusion Overview Review this practice note to learn...

August 27, 2024

Tell Me it’s Not True! Annual Open Enrollment Approaches for Most

Open enrollment, which often occurs in October or November for calendar year plans, is a time when employees and other eligible individuals can enroll in or make changes to their employer-based health insurance and fringe benefit options. The term has sole reference to health insurance because there is no equivalent in life, property, and casualty insurance. Open enrollment also applies to Medicare, Medicare Advantage...

August 27, 2024

Ready to Commit?

Read this practice note discussing current market trends in publicly filed commitment letter term sheet provisions from the second half of 2023 to the first half of 2024. This practice note examines some of the key provisions contained in commitment letter term sheets for various types of credit facilities, including loan documentation principles, call protection, terms regarding unrestricted subsidiaries, and financial...

August 27, 2024

Bank Climate-Related Financial Risk Regulatory Tracker

Climate change poses a financial risk to financial institutions. The White House administration and various federal regulators are evaluating and proposing legislation for financial institutions to identify and manage climate-related financial risk. Keep abreast of key rules on climate-related financial risk requirements with this climate-related financial risk tracker. Read now » Related Content Climate...

August 27, 2024

Government Investigations Policy for Hospitals and Health Systems

Provide your health system clients with a form policy and procedure document addressing both formal and informal government requests (e.g., from law enforcement). Ensure your clients and their workforce members comply with requests from government entities, including law enforcement agencies. Outline procedures for responding to both formal and informal requests. Ensure compliance while safeguarding patient privacy rights...

August 27, 2024

Global Microsoft Outage: Guidance for Claimants Navigating the CrowdStrike Event

Learn about the steps businesses should take to recover on the business interruption, including contract and indemnity claims, caused by this software failure. Read now » Related Content Cyber Insurance, Related Coverage Litigation, and Insurance Coverage for Data Breach Risk Examine issues related to obtaining insurance coverage specific to data breach risks. Cybersecurity Insurance Analyze types...

August 27, 2024

Technology Transfer with a University or National Laboratory

Review this practice note for guidance on advising private companies that are contemplating technology transfer deals with institutions or university personnel. Read now » Related Content Works Made for Hire Check out this practice note for a discussion of works made for hire, including the relevant legal standards under the Copyright Acts of 1976 and 1909, agreements and alternative assignment provisions...

August 27, 2024

Everything’s Gonna’ Be A.I. Right! Read Our New Practice Note on Artificial Intelligence

Do you need to learn about potential legal and business risks stemming from the use of artificial intelligence (AI) tools to manage employee performance and make employment decisions (e.g., screening, hiring, promoting, and firing)? Read AI in Employment Decisions and Performance Management: Key Legal Issues and Potential Risks and Benefits by Damon W. Silver, Gregory Brown, Jr., and Cindy Huang of Jackson Lewis. Read...

August 27, 2024

Post-Chevron FDA Rulemaking and Legal Challenges

Learn best practices for advocating on behalf of your FDA-regulated clients in light of the new legal paradigm introduced by the Supreme Court’s decisions in Loper Bright and Corner Post . Read now » Related Content Life Sciences Regulatory Enforcement Resource Kit Find guidance on regulatory enforcement challenges faced by your life sciences clients. Chevron Reversal Impact Resource Kit Discover...

August 27, 2024

Bored of Boards? Understanding Creative Structuring of Joint Venture LLCs

Parties come together to form joint ventures when all involved believe that they will have greater success working cooperatively on a specific project, product, or business than they would have if they each undertook the endeavor on their own. More often than not, each of the parties individually lacks all of the requisite practical knowledge, resources, and/or funding for the venture's success. Check out this new...

August 27, 2024

Popularity of Manufactured Homes (and Mobile Homes) is on the Rise!

Manufactured housing communities (MHCs), also commonly referred to as mobile home parks, continue to increase in popularity, while state and local regulations governing them also continue to expand. Read this practice note to learn about MHCs in California, where regulatory oversight exceeds that of any other state. See the Related Content below for guidance on state-specific manufactured home regulations, generated by...

August 27, 2024

Can that Be True? Learn More about the Reporting and Taxation of Digital Assets

For U.S. tax purposes, digital assets are considered property, not currency. A digital asset is stored electronically and can be bought, sold, owned, transferred, or traded. The tax definition of a digital asset is any digital representation of value recorded on a cryptographically secured, distributed ledger (blockchain) or similar technology, like convertible virtual currencies and cryptocurrencies such as Bitcoin,...

August 21, 2024

Feeling Distressed? Check Out These Non-Bankruptcy Alternatives

You represent several troubled companies and need to explore whether a non-bankruptcy alternative is viable for your clients. Practical Guidance allows you to compare assignments for the benefit of creditors, receiverships, and Article 9 statutes in several states with the State Law Comparison Tool . Check out this resource kit, which assembles all these options for top jurisdictions. Read now » Related Content...