July 30, 2024

ABL Trends in the U.S. Loan Market

Make sure you are up to date on the latest trends in asset-based lending in the U.S. loan market. Asset-based loans (sometimes referred to as ABLs) are used by a wide variety of businesses, both in terms of size and credit quality, and may also be used for many different purposes. This practice note discusses current market trends in publicly filed credit agreements since January 2023. Read now » Related Content...

July 30, 2024

Financial Services Compliance in International Jurisdictions

LexisNexis® Practical Guidance offers this highly regarded Lexology Panoramic international guide for practitioners. Review questions and answers from leading law firms on topics ranging from regulatory authority and statutory requirements to potential sanctions or civil penalties for violations, across jurisdictions. With key coverage, this guide provides links to international guides addressing essential aspects...

July 30, 2024

Hospital and Other Healthcare Provider Mergers and Acquisitions

Review this LexisNexis Practical Guidance – Healthcare practice note from Winston & Strawn LLP which explains how healthcare mergers and acquisitions are frequently subject to antitrust scrutiny. Get up to speed on the relevant antitrust laws, the government agency review process, and antitrust hurdles and challenges involved when representing a healthcare client in these types of transactions. View the process...

July 30, 2024

Should it Stay or Should it Go?

As with relationships, so it is with documents: if it goes, it will be trouble; if it stays, it could be double. Learn the basics in this “Clash” course on managing records retention requirements. Read now » Related Content Records Retention by Insurance Companies Checklist Address the key issues that must be resolved when designing and implementing an effective records retention program for...

July 30, 2024

Hatch-Waxman Act Fundamentals Videos

Learn the fundamentals of the Hatch-Waxman Act with this eight-video series covering the drug approval process, patent litigation scheme, safe harbor for drug development activities and patent term extensions under the Act, and the legislative history and purpose underlying these provisions. Watch now » Related Content Hatch-Waxman Act Video 2: Overview Video Hatch-Waxman Act Video 3: Drug Approval Process...

July 30, 2024

Injunction Junction: New Video on the U.S. Supreme Court’s 8-1 Decision on NLRA Injunctions

Are you interested in learning about the recent Supreme Court decision in Starbucks v. McKinney , holding that the government is held to the same high standard as any other plaintiff seeking an injunction? Watch our Current Awareness: Injunctions under NLRA Section 10(j): Starbucks v. McKinney (U.S. Supreme Court) Video by Brandon Shemtob of Stevens & Lee . Watch now » Related Content NLRA Section 8...

July 30, 2024

Quality Agreement for Drug Manufacturing Checklist

Identify critical issues related to establishing quality standards in a pharmaceutical supply or manufacturing agreement. Read now » Related Content FDA Warning Letters Tracker Monitor trends in FDA enforcement activity affecting life sciences clients with this curated, up-to-date regulatory tracker. Drug Recall Checklist Manage recalls of FDA-regulated drug products. Practical Guidance Updates...

July 30, 2024

Navigating Financing Challenges in M&A with a Reverse Termination Fee and Conditional Specific Performance Clause

With the ebbs and flows of an uncertain financial market, deal certainty is increasingly important for buyers and sellers alike. When a buyer’s ability to close an M&A transaction is dependent upon third-party financing arrangements, sellers may want to include a reverse termination fee in the event the deal fails to close because of a financing failure. Adding an unconditional or conditional specific performance...

July 30, 2024

Real Estate Industry Uncertainties Follow Chevron Doctrine Demise

The U.S. Supreme Court’s recent decision striking down the Chevron Doctrine may impact interpretation of ambiguous legislation, potentially including real estate-related laws such as the Fair Housing Act (FHA), National Environmental Policy Act (NEPA) reviews, Clean Water Act (CWA), and more. Read this article about real estate policy areas and legal issues that may soon be highly litigated. Read now » ...

July 30, 2024

Don’t Leave Me This Way! Loper Bright Upends Regulatory Interpretation

In Loper Bright and Relentless , the Supreme Court expressly overruled Chevron U.S.A. v. National Resources Defense Council, Inc. , which had required federal courts to defer to reasonable regulatory interpretations of ambiguous statutory provisions. Now, when an interpretive regulation is challenged, courts will be required to apply traditional canons of statutory construction to arrive at their own interpretations of...

July 30, 2024

The SDNY is the Place to be for Prepack and Prearranged Guidelines!

Thus far, 2024 has been quite a year! Most will remember it as the year the Southern District of New York amended their guidelines for prepackaged bankruptcy cases and issued procedural guidelines for prearranged bankruptcy cases. Check out our checklist for the procedural guidelines. See Related Content for a chart showing the changes to the prepack guidelines. Read now » Related Content Amended Procedural...

July 30, 2024

Federal Attorney Fees: Unpacking a Circuit Split

A recent federal court case, Adams v. Fox , grappled with how to handle a motion for costs, including attorney fees, under Federal Rule of Civil Procedure 41(d). Our experts unpack the decision and discuss the case in the context of the current circuit split. Check out the analysis of this legal development at the link below. Read now » Related Content Attorney’s Fees Resource Kit (Federal) Read over...

July 30, 2024

Six Things to Know About the Post-Chevron Finreg Impact

In a pair of cases, decided on June 27, 2024, the U.S. Supreme Court overturned its 1984 decision in Chevron, U.S.A., Inc. v. NRDC, Inc. The decision effectively removed the necessity, in most cases, for courts to defer to regulatory agencies’ interpretations of ambiguous or broad statutes. This decision will have far-reaching consequences that will reveal themselves over time, but there are some immediate impacts...

July 30, 2024

Construction Risk Management Resources

Risk is inherent in construction and practitioners need to help clients manage risk throughout the project cycle. Keys to risk management are careful contract drafting and adequate insurance coverage. Both are tricky because state law can limit the scope of contractual indemnities and not all construction practitioners are well-versed in insurance matters. Read now » Related Content Risk Allocation Strategies...

July 30, 2024

State Law Comparison Tool: Breach of Contract

Use this state law comparison tool to learn about breach of contract actions in different states. Gain knowledge of the necessary elements for establishing a breach of contract claim in the states, what damages may be recoverable, equitable remedies that may be available, the applicable statute of limitations, and common defenses. Read now » Related Content Contract Clause Review (Litigator's Perspective...

July 30, 2024

Cybersecurity Insurance: Practical Steps Businesses Can Take to Become More Insurable

It is more important than ever for businesses to have a clear understanding of whether their current policies cover cyber incidents and, if so, to what extent. Find out what your organization can do to make it more attractive to insurers. Read now » Related Content Cybersecurity Insurance Initial Considerations Learn about basic coverages in a cybersecurity insurance policy, such as expense coverage or first...

July 23, 2024

I’m Still Standing!

Delaware bankruptcy courts have uniformly denied derivative standing to official creditors' committees in cases where applicable non-bankruptcy law provides that creditors do not have standing to bring claims on behalf of certain entities. Recently, a Delaware bankruptcy court went against these decisions and granted a creditor's committee’s motion to prosecute estate breach of fiduciary claims despite a...

July 23, 2024

Summertime and the Living is ESI…

ESI just doesn’t have the same ring to it. Regardless of the season, you must be prepared to deal with electronically stored information (ESI) during discovery. Check out the link below for a three-minute video from Jim Wagstaffe about producing ESI. Read now » Related Content Motion for Protective Order: Making the Motion (Federal) Follow Jim Wagstaffe’s guidance on obtaining a protective order...

July 23, 2024

Current SEC Focus in an Uncertain Artificial Intelligence Environment

The SEC has made rulemaking and enforcement a priority with respect to the artificial intelligence (AI) space. AI in public company disclosures, the incorporation of AI into advisory roles, and data protection concerns are a few of the categories of issues that the SEC is looking at for its proposed rules and enforcement priorities. Use this checklist to understand FinCEN’s guidance for beneficial ownership reporting...

July 23, 2024

Hot off the Press! Template Playbooks for your Legal Team

Obtain guidance for negotiating confidentiality agreements. This playbook template includes key provisions, drafting notes, and alternative language for unilateral confidentiality agreements from a disclosing party point of view. Download a copy to streamline your contract negotiation process. Read now » Related Content Unilateral Confidentiality Agreement Playbook (Pro-receiving Party) Compare this playbook...

July 23, 2024

Current Issues in Data Breach Class Action Settlements

There are new developments impacting the settlement of data breach class actions, including recent class certification decisions, claims rates and notices, aggregators and artificial intelligence, attorneys’ fees, and residual settlement funds. Find out more below! Read now » Related Content Data Privacy Class Actions on the Rise Podcast Check out this podcast discussion on the rise in privacy class...

July 23, 2024

Stay—for Me! Using Retention Agreements to Keep Key Personnel During Turbulent Times

When an employer contemplates an acquisition, merger, or other corporate transaction, the employer often wants to be certain that key employees remain during (and often for a time after) the transition. Retention agreements are useful for this purpose and can provide for a retention bonus, enhanced severance, equity (including stock options or acceleration of such options), or a combination of these or other benefits...

July 23, 2024

Only You Can Prevent . . . an Oilfield Accident

The oilfield is one of the most dangerous workplaces on earth. Heavy equipment, loud noises, and the inherently dangerous process of drilling into a highly pressurized rock strata often combine to cause injuries and even death. Help your clients understand how they can prevent drilling and other oilfield accidents on their jobsites by reviewing our state law survey. Read now » Related Content OSH Act Requirements...

July 23, 2024

Unitranche Financings: Key Risks and Considerations

Read this practice note by Michelle L. Iodice, Proskauer Rose LLP, outlining the evolution of the private credit and unitranche markets. This note provides a comprehensive overview of the unitranche financing structure and recent market trends. It includes an in-depth review of the key component parts of the agreement among lenders as well as a description of key bankruptcy-related risks and unique considerations present...

July 23, 2024

Unitranche Financings: Key Risks and Considerations

Read this practice note by Michelle L. Iodice, Proskauer Rose LLP, outlining the evolution of the private credit and unitranche markets. This note provides a comprehensive overview of the unitranche financing structure and recent market trends. It includes an in-depth review of the key component parts of the agreement among lenders as well as a description of key bankruptcy-related risks and unique considerations present...