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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...

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 »...