April 15, 2025

Courtroom Confidence: The Ultimate Flowchart for Exhibit Success

Enhance your courtroom strategy with our comprehensive flowchart for navigating federal court proceedings. This indispensable resource meticulously maps out the entire process of introducing trial exhibits into evidence, ensuring you are well-prepared at every stage. From the initial preparation and authentication of exhibits to addressing them at pretrial hearings and successfully introducing them at trial, this flowchart...

April 15, 2025

Fraudulent Transfers: Ninth Circuit Says No Harm, Still Foul!

Bankruptcy attorneys always need to stay current on case law addressing avoidance actions. Recently, the Ninth Circuit Court of Appeals ruled that bankruptcy trustees and Chapter 11 debtors-in-possession can avoid intentionally fraudulent transfers without proving injury to creditors. This ruling aligns with decisions from the Fourth and Eighth Circuits. Check out this expertly drafted article discussing the decision...

April 15, 2025

Fraudulent Transfers: Ninth Circuit Says No Harm, Still Foul!

Bankruptcy attorneys always need to stay current on case law addressing avoidance actions. Recently, the Ninth Circuit Court of Appeals ruled that bankruptcy trustees and Chapter 11 debtors-in-possession can avoid intentionally fraudulent transfers without proving injury to creditors. This ruling aligns with decisions from the Fourth and Eighth Circuits. Check out this expertly drafted article discussing the decision...

April 10, 2025

What’s New in Practical Guidance – March 2025

The March 2025 edition of the Practical Guidance newsletter introduces a range of new content and resources across various legal practice areas, reflecting the evolving landscape of law and technology. This update highlights significant additions in business entities, corporate and M&A, data security and privacy, labor and employment, real estate, trusts and estates, and more. IP & Technology In the realm...

April 09, 2025

Construction Risk Management and Allocation Essentials

Risk allocation and management are crucial for the success and sustainability of construction projects. Effective risk management involves careful contract drafting and adequate insurance coverage. State laws often limit the scope of contractual indemnities, making it essential to understand the legal landscape and craft contracts that provide necessary protections without overstepping boundaries. Additionally, gaps in...

April 08, 2025

In the Name of Conservation, I Dub Thee Tax-deductible: Conservation Easements and their Rules

Real property transactions involving easements granted in the name of conservation can yield tax deduction benefits to the grantor. While the validity of charitable contributions in this area is subject to scrutiny and deduction claims are prone to challenge by the IRS, and a resulting controversy, a sincere generosity, coupled with an absence of self-interested motives, should help to minimize focus on a perceived reward...

April 08, 2025

Commercial Real Estate Perspectives from Industry Experts

Explore the findings of Seyfarth Shaw LLP’s 2025 Real Estate Market Sentiment Survey, which gathered insight from commercial real estate experts on critical topics including interest rates and construction costs. Discover why the majority of respondents see 2025 as a promising year for the industry. Check out this article for valuable perspectives from developers, property owners, brokers, and other key real estate...

April 08, 2025

Setting the Stage: Key Elements of M&A Preliminary Agreements

In the early stages of a private M&A deal, parties draft a letter of intent—also known as a memorandum of understanding or "heads of agreement"—to outline the key terms of the proposed transaction. This document ensures both parties share a mutual understanding of essential terms before investing time and resources into drafting definitive agreements. Explore the crucial elements to include,...

April 08, 2025

FDA Regulation of Medical Devices

This practice note includes an overview of FDA medical device regulatory requirements including premarket notification and approval, investigational device exemptions, and quality system regulations. Read now » Related Content FDA Medical Devices Regulation Checklist Identify and address pre- and post-market regulatory issues related to manufacturing and sale of medical devices. Practical Guidance Updates...

April 08, 2025

Always Feel Like Somebody’s Watching You? Keep Up with New Federal Privacy Legislation

Do you need to stay up to date with privacy-related federal legislation proposed after January 1, 2025, including workplace privacy? Review and set an alert on the Federal Privacy Legislation Tracker . Read now » Related Content Employee Privacy State Practice Notes Chart Find the relevant sections of the Brightmine HR & Compliance Center Employment Law Guide that discuss state employee privacy laws...

April 08, 2025

Patent Claim Drafting: Navigating Printed Matter and Game Claims

Unlock the secrets to successfully drafting printed matter and game patent claims. Learn how to establish crucial functional or structural relationships between printed matter and other elements to ensure your claims hold patentable weight. Discover strategies to overcome the challenges posed by the abstract nature of game-related claims under 35 U.S.C. § 101. With real-world examples, this practice note equips you...

April 08, 2025

Money, Money, Money, Money: Insurer Investments State Law Survey

Review provisions across the 50 U.S. states, the District of Columbia, and the U.S. Territories regulating insurers’ real estate, stock, and foreign investments plus derivative distributions. Read now » Related Content Credit Agreements in the Insurance Industry Discover how to modify a standard credit agreement to account for an insurer or insurance holding company borrower. This practice note covers...

April 08, 2025

HIPAA Hooray! Business Associate Agreement Review

Check out this practice note from Practical Guidance – Healthcare to better understand how to review a Business Associate Agreement mandated under the Health Insurance Portability and Accountability Act (HIPAA). The note outlines key provisions, potential risks, compliance considerations, and best practices for attorneys advising covered entities and business associates. Read Now » Related Content ...

April 08, 2025

Community Reinvestment Act Revisited

The federal bank regulatory agencies issued a statement of their intent to rescind the Community Reinvestment Act (CRA) final rule, issued in October 2023, and reinstate the CRA framework that existed prior to the October 2023 final rule. CRA was implemented to ensure that banking institutions meet the needs of borrowers, markedly those in low and moderate income neighborhoods. Compliance with the final rule, set to begin...

April 08, 2025

Recent Refinancing Amendment Market Trends

Discover the latest trends in refinancing amendments that are reshaping credit agreements. Our in-depth analysis highlights key changes and their implications for your practice. The data analyzed in this practice note was obtained using Market Standards , Practical Guidance’s searchable database of publicly filed credit agreements that enables users to search, compare, and analyze credit agreements using approximately...

April 08, 2025

That’s a Bigger Penalty Than Expected! ERISA Penalties for Disclosure Failures

ERISA sets forth many disclosure requirements for plan sponsors and administrators to furnish certain benefit plan-related documents to participants to apprise them of their rights, benefits, and obligations under their plans. A civil penalty remedy structure is available to the intended disclosure recipients when a plan fails to meet these obligations. For plan sponsors, the penalty amounts can be substantial as they...

April 08, 2025

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...

April 08, 2025

Navigate the Complexities of Warranty Drafting with Confidence!

Unlock the secrets of effective warranty and disclaimer drafting with our comprehensive guide. Whether you're dealing with express warranties, implied warranties, or service warranties, our expert insights will help you master the art of precision in contract language. Learn from the wisdom of industry leaders and ensure your agreements offer the clarity and protection you need. Read now » Related Content...

April 08, 2025

Form 10-Q Form Check: Checklist

Public companies are required to file Form 10-Q for the first three quarters of their fiscal year (the fourth is generally covered by Form 10-K). As part of this filing, companies report their quarterly financial statements, along with management discussion and analysis, risk factors and legal proceedings, and more. Use this checklist to ensure that every part of your client’s filing complies with applicable requirements...

April 08, 2025

The Art of Mediation: How to Pick the Right Mediator for Your Case

Enhance your mediation strategy with our expert’s practice note, designed to help you avoid the pitfalls of selecting the wrong mediator for your case. This insightful guide delves into the critical factors to consider when evaluating potential mediators, ensuring you make informed decisions that align with your case's unique needs. Whether you're at a large firm where partners frequently seek recommendations...

April 08, 2025

Stay or Nay? Navigate the Wild World of Automatic Stay Disputes with Our Handy Resource Kit!

Automatic stay disputes can arise in several situations, including disputes over lifting the stay and exceptions to, and the duration of, the automatic stay. Check out this resource kit containing Practical Guidance content for counsel handling these and other automatic stay disputes, including detailed practice notes and templates. Read now » Related Content Notice of Automatic Stay Check out this notice...

April 02, 2025

Annual Report to Shareholders and Annual Meeting Logistics

Public companies are required to provide shareholders with a "glossy" annual report, which contains key corporate information and is distributed in advance of the annual meeting. The report must comply with Exchange Act Rule 14a-3(b), including audited financial statements, management's discussion and analysis, and other business and financial information. Companies may choose from various formats for their...

April 01, 2025

To Lease or To Buy—That is the Question!

Gain an understanding of legal and business issues and concerns that should be considered when determining whether to lease or buy equipment. Learn about some of the key benefits and potential detriments that may exist or arise when leasing and/or purchasing equipment for a business. Read now » Related Content Master Equipment Lease Agreements Unlock the benefits of equipment leasing with our comprehensive...

April 01, 2025

Please Sir! I Want to Keep More of What I Have: Focus on Senior Citizen Taxation (State and Federal)

As the population ages and more taxpayers live on fixed incomes, both federal and state governments face challenges in determining the appropriate level of taxation for retirees. For federal income tax purposes, retirement income is generally fully includable in a taxpayer's income, except for the portion representing a return of basis (after-tax contributions and Roth contributions/earnings). Social Security benefits...

April 01, 2025

Choosing Data Center Facilities

The number of data centers has increased across the country due to the growth of artificial intelligence, cloud computing, and data storage. When determining the ideal location for data center facilities, it is prudent to evaluate the location’s access to power and data fiber as well as its risks from climate change and natural disasters. Read this article to learn more about this topic. Read now » Related...