August 20, 2024

Five Business-Building Strategies for Introverted Attorneys

Three of the most important words in a lawyer's lexicon are "book of business." And contrary to a common belief, there is no set personality type for a rainmaker. Even if you’d rather avoid the golf course, it is still possible to build a large book of business. Check out our expert’s practice note on building your presence as a thought leader, marketing your practice, and networking without...

August 20, 2024

Rule 10b5-1 Insider Trading Plans: Increased DOJ Emphasis Checklist

In a recent development in the prosecution by the U.S. Department of Justice (DOJ) of the misuse of Rule 10b5-1 plans, the DOJ brought insider trading charges against an executive based on the filing of a 10b5-1 plan, which DOJ alleged was a cover for illicit trading. Use this checklist to integrate key takeaways from the government's new approach to suspected insider trading violations for your clients’ Rule...

August 20, 2024

How Do You Compare?

Gain knowledge of pertinent issues concerning comparative advertising, including legal considerations, the laws and agencies that enforce comparative advertising, and trademark considerations. Read now » Related Content Advertising and Promotion Fundamentals Read an overview of the advertising and marketing field, including major sources of advertising and marketing regulation and legal liability for advertising...

August 20, 2024

PCI DSS v4.0 Compliance

Version 4.0 of the Payment Card Industry Data Security Standards (PCI DSS) was introduced in March 2022 subject to a 24–month transitional period from PCI DSS v3.2.1, that ended on March 31, 2024. Learn about the key changes here. Read now » Related Content PCI DSS Compliance See this practice note for a deeper review of PCI DSS version 3.2 and the changes it made relative to the prior version. ...

August 20, 2024

Salute to ERISA. 50 Years and Counting!

Few people today recall the 1963 failure of automaker Studebaker and the resulting loss of workers’ pensions. It started the buzz about the state of pension law in the United States with many issues to be resolved. For example, before ERISA, employers could adopt plans in which short breaks in service resulted in a loss of accumulated vesting service. This forced affected participants to start over in accumulating...

August 20, 2024

Energy Companies Can Expect Substantial Re-Regulation in the Waning Days of the Biden Administration

Since the early days of the Obama Administration, there has been a dramatic back-and-forth shift in environmental regulation as it affects energy companies. The Obama Administration instituted new and stricter environmental regulations, many of which the Trump Administration reversed. Once President Biden came into office in 2021, this push toward deregulation was immediately reversed. The Energy and Climate Change Policies...

August 20, 2024

PIK the Clause You Need

Check out our new payment-in-kind (PIK) clauses for use in a syndicated or bilateral credit agreement. PIK refers to a loan where the borrower is allowed to make interest payments in forms other than cash. PIK financing is commonly found in leveraged buyout transactions and, depending upon the situation, the payment of interest is often made by issuing other debt or by the issuance of warrants. Read now » Related...

August 20, 2024

New Anti-Money Laundering Rules in the EU

The European Council recently adopted new anti-money-laundering (AML) rules. The rules are intended to strengthen and harmonize the European Union’s (EU) AML framework by including the crypto sector and establishing an authority for the supervision and identification of AML threats and risks. For a more detailed understanding, review this MLex article for analysis of the rules and requirements. Read now »...

August 20, 2024

Complaint and Grievance Procedures in Health Insurance Checklist

Provide guidance on the process for handling complaints and grievances filed by individuals who are covered under commercial health insurance policies. Better understand your client's obligations in the context of complaints and grievances, the structure of the complaint and grievance review process, and how to conduct legal research on the topic. Read now » Related Content Claims Processing in Health...

August 20, 2024

Hedging for a Slice of the Judgment Pie: Third-Party Litigation Funding

Learn about the practice of investing in a plaintiff’s case in exchange for a cut of the settlement or judgment. This article includes a National Conference of Insurance Legislators map showing states with pending third-party litigation funding (TPLF) legislation. Read now » Related Content Social Inflation 101: Impacts on the Insurance Industry Explore the impact of social inflation on the insurance...

August 20, 2024

Casting The Lines: Casting Services Agreement for Independent Motion Pictures

The casting director is among key below-the-line personnel working on the production of a motion picture. Review this template agreement between a casting director and producer of an independent film for guidance and drafting notes on the key terms and conditions of the engagement. This template may be utilized by a producer to engage a casting director as a direct hire or it may be modified for an engagement through...

August 20, 2024

Help on the Way! Review our New Crisis Response and Business Continuity Resource Kit

Do you need to help employers manage their immediate crisis response across a range of key risks, including ensuring that the business continues to run during an emergency or crisis? Start with our Crisis Response and Business Continuity Resource Kit , which summarizes and links to relevant Practical Guidance content. Read now » Related Content Business Continuity and Emergency Planning Review guidance on...

August 20, 2024

De-SPACs in 2023: Successes, Failures, and ... Still Loading

SPACs continue to seek private company acquisition targets now that uncertainties around regulations and rules are becoming less of a mystery. Although market conditions and regulatory scrutiny still lead to terminations of pending de-SPAC transactions, a number of deals announced in 2023 were successfully completed in 2023 and the first half of 2024. Practical Guidance tracks the ever-changing status of de-SPAC transactions...

August 20, 2024

Help Your Clients Defer Real Estate Sales Capital Gains

Capital gains tax obligations arising out of an investment property sale may be deferred. Section 1031 of the Internal Revenue Code provides that no gain or loss is recognized when real property held for productive use in trade or business, or for investment (Relinquished Property), is exchanged for like-kind real property (Replacement Property). The Replacement Property must also be held for productive use in trade or...

August 20, 2024

Are You Really Going to Tax That? Learn About the Taxation of Annuities

Generally, the way an annuity is treated depends on the type of annuity and its inherent features and benefits. This practice note addresses the specifics of the treatment for fixed, variable, immediate, deferred, and hybrid annuities. Review how income taxation of annuities is generally governed under I.R.C. Section 72, which covers what is taxable and what is excluded. Read now » Related Content Distributions...

August 14, 2024

Treasury Calls for Input on AI in Financial Sector

The U.S. Treasury Department is seeking information on the uses, opportunities, and risks of continued artificial intelligence (AI) development in the financial services sector. The use of AI in financial services is quickly evolving. This article provides a summary of Treasury’s information request to understand how firms are using AI in providing products or services, risk management, capital markets, internal...

August 13, 2024

HIPAA Special Enrollment Rights Notice

Provide this HIPAA Special Enrollment Rights Notice to your employees who have become eligible to participate in your group health plans subject to the Employee Retirement Income Security Act (ERISA). Comply with ERISA by notifying your employees of their special enrollment rights under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Permit eligible employees and their dependents to enroll in...

August 13, 2024

Games Without Frontiers

Learn about the potential risks and insurance implications of the burgeoning gaming and gambling industry in the United States. Includes an NCOIL map depicting states’ approaches to iGaming in 2023-24. Read now » Related Content Playing To Win: How Attorneys Can Help Video Game Clients Explore four key issues attorneys must understand to help clients navigate the still-developing video game market...

August 13, 2024

Copyright Litigation: Stipulated Protective Orders

Review this checklist providing recommended considerations for copyright litigants negotiating a stipulated protective order. This quick reference covers requesting a protective order, timing, confidentiality, filing procedures, use of experts, inadvertent disclosure, and more. Read now » Related Content Copyright Enforcement Resource Kit Review this collection of resources on copyright enforcement. Consult...

August 13, 2024

“Come Together, Right Now”—New Collective Bargaining Negotiation Practice Note

Do you need guidance on key legal issues related to the collective bargaining process and practical information for employers about how to best handle those issues during collective bargaining agreement (CBA) negotiations? Read our new practice note, Collective Bargaining Negotiations under the National Labor Relations Act: Key Considerations and Best Tracking Practices for Employers , by Rebecca J. Bernhard and Jennifer...

August 13, 2024

Sponsored Research Agreement (Pro-Supplier)

Draft an agreement with a research institution to perform clinical research on behalf of a manufacturer. This template includes helpful drafting notes and alternate clauses. Related Content Institutional Review Board (IRB) Formation, Organization, and Operation Checklist Identify legal and compliance considerations related to the formation, organization, and operation of an IRB. Practical Guidance Updates Featuring...

August 13, 2024

Delaware Advance Notice Bylaws Ruling, Texas Business Courts, and More! What’s New in M&A

Practical Guidance’s M&A Trends & Insights has the articles, client alert digests, and expert insights you need to stay up to date on important legal developments in M&A, including coverage of the Delaware Supreme Court’s recent ruling on the standard of review for advance notice provisions in bylaws, the new Texas Business Courts and how they could impact dealmaking and corporate governance, and...

August 13, 2024

New York Expands Tenant Rights

New York State recently enacted the “Good Cause” Eviction Law limiting evictions and rent increases in New York City and potentially other municipalities within the state. Read this article to familiarize yourself with the definition of “Good Cause” and learn how it impacts landlord and tenant rights. Read now » Related Content Rent Control & Low-Income Housing Tax Incentives...

August 13, 2024

Some Flex for You. Flexible Spending Account Rules for the Tax Professional

Flexible spending arrangements (aka flexible spending accounts or FSAs) operate under cafeteria plans that are established under IRC § 125 . A health FSA is the most popular FSA, allowing funds contributed by the employee and/or employer (often as flex credits) to pay for or reimburse certain medical care expenses not otherwise covered under the individual's health plan. Generally, only expenses that are identified...

August 13, 2024

What Are We Going To Do Post-Purdue?

On June 27, 2024, the Supreme Court held that the Bankruptcy Code does not authorize nonconsensual third-party releases as part of a plan of reorganization under Chapter 11. Harrington v. Purdue Pharma L.P., 144 S. Ct. 2071 (2024). Chapter 11 debtors and courts are grappling with the effect of the decision. Check out this tracker identifying pending Chapter 11 cases and decisions in which third-party releases are contested...