July 16, 2024

CPPA Aims to Quell Data Broker Questions and Confusion on New Law

The California Privacy Protection Agency (CPPA) launched the formal rulemaking process on July 5, 2024, by seeking public comment on proposed regulations for data broker registration mandated by Senate Bill 362, also known as the Delete Act. The CPPA’s proposed rules were drafted in response to data brokers’ questions about their registration requirements. Public feedback will be accepted through August 20...

July 16, 2024

I Need It Now! Taking a Look at IRS Guidance on Emergency Personal Expense Distributions

The SECURE 2.0 Act added an exception to the 10% early distribution penalty tax under I.R.C. § 72(t) for "emergency personal expense distributions" from a defined contribution plan. The exception, discussed under I.R.S. Notice 2024-55 , recognizes that 401(k)/403(b)/457(b) savings may be the primary savings a participant has and sometimes participants need money fast. The recent IRS notice keeps the 10...

July 16, 2024

New Video! Demand Guarantees

Watch this new video providing an overview of second lien debt, an increasingly preferred form of junior financing as compared with unsecured debt, subordinated mezzanine debt, or unsecured high yield debt. Read now » Related Content Finance Fundamentals Resource Kit See this resource kit for an overview of a financing transaction. This broad index encompasses all aspects of the financing, from the negotiation...

July 16, 2024

The Bank Service Company Act: The Curious Late Life of an Old Law

The Bank Service Company Act (BSCA), enacted in response to the technological and expertise challenges faced by banks during the 1960s, permits banks to acquire and utilize bank service companies. The BSCA also authorizes U.S. banking agencies to examine and regulate bank service companies to the same extent as banks. Practitioners should explore this practice note, written by James P. Bergin and Paul Lim of Arnold &...

July 16, 2024

Federal Healthcare Program Exclusions Prevention Checklist

Guide your healthcare provider clients through key legal and operational considerations to avoid exclusion from participation in Medicare, Medicaid, and other government-funded healthcare reimbursement programs. Use this checklist to advise healthcare providers, including health systems, hospitals, physician groups, and individual practitioners. Learn how to avoid exclusion before the Office of Inspector General (OIG...

July 16, 2024

A Coverage Vignette: From Spinal Injury to Permanent Impairment with the AMA Guides, Fifth Edition

Follow the Hon. Robert G. Rassp, Presiding Judge, of the California WCAB, as he walks through a real case and shows how an employee’s lumbar spine injury results in a ratable permanent disability using the AMA Guides, Fifth Edition . Read now » Related Content Workers’ Compensation Law (CA) See this practice note for answers to key questions about California workers’ compensation law. ...

July 16, 2024

Initial Disclosures in Copyright Litigation

Review this quick reference checklist to understand considerations for initial disclosures in copyright litigation. Learn best practices for preparing and serving the initial disclosures required by Fed. R. Civ. P. 26(a), including timing, witnesses, document categories, damages, and more. Read now » Related Content Stipulated Protective Order Checklist (Copyright Litigation) Use this checklist to understand...

July 16, 2024

“Willkommen, Bienvenue, Welcome”—International Business Travel to the United States

Are you interested in learning about immigration-related requirements, limitations, and strategies for business travelers to the United States? Read our new practice note, International Business Travel to the United States: Key Strategies for Entry and Admission , by Sari Long of Faegre Drinker Biddle & Reath. Read now » Related Content Immigration Compliance Resource Kit Review business immigration...

July 16, 2024

FDA Special Protocol Assessment for a Drug or Biologic

Understand how to prepare and submit a request to the FDA asking it to review critical elements of a protocol design. Read now » Related Content FDA Drug Regulatory Activity Tracker Follow new FDA regulatory activity affecting drug products and identify action items for attorneys including effective dates and compliance dates, deadlines for submitting comments in response to FDA proposed rules and draft...

July 16, 2024

The Secret Sauce: Key Negotiating Points for Successful Private Acquisitions

Navigating the intricate world of private company transactions requires a keen understanding of the key negotiating points that can make or break the deal. This checklist provides a general outline of commonly included provisions in an acquisition agreement, including structure, consideration, representations and warranties, covenants, and indemnification, among others. Dive in for a comprehensive roadmap to help you...

July 16, 2024

Is Your Real Estate Deal Impacted by PFAS?

Perfluorinated and Polyfluorinated Substances (PFAS) are found in many consumer products such as cookware, food packaging, cosmetics, and stain repellants, and can be released into the air, soil, and water, including drinking water sources. With the Environmental Protection Agency’s recent designation of PFAS as hazardous substances, real estate transactions (particularly brownfield redevelopment projects) may now...

July 16, 2024

Need Cash Now? Current (Non-liquidating) Distributions from Partnerships

Current distributions, also known as non-liquidating distributions, are critical to a partnership's or limited liability company’s (LLC) operations since pass-through entities use current distributions to distribute earnings and other property to the entity's partners or members in the normal course of business. From a partnership tax accounting perspective, current distributions are important since they...

July 09, 2024

The Latest on Statutory Mootness

In Transform Holdco , the United States Supreme Court resolved a split among the Circuit Courts as to whether Section 363(m) is a jurisdictional provision (i.e., depriving an appellate court of jurisdiction to hear a challenge to a sale order). Check out this expertly drafted article discussing a recent decision on whether the Supreme Court’s ruling altered the mootness requirements. Read now » Related...

July 09, 2024

Real-Time Tracker: Generative AI Rules in State and Federal Courts

Courts and judges often implement new rules in July. Use our tracker to keep up with the individual rules and standing orders implemented by certain federal and state court judges, court administrations, and bar associations governing the use of generative artificial intelligence (AI) in court filings. We review our tracker on at least a weekly basis and update accordingly, so check it out and bookmark it at the link...

July 09, 2024

Cybersecurity Incident Checklist

Significant cybersecurity incidents are becoming more and more common across the board. More sophisticated incident responses and disclosures to regulators and investors are required. Use this checklist to help your clients plan for, and respond to, cybersecurity incidents that affect them. Read now » Related Content Modern Approaches to Cybersecurity: Incident Response Video Understand how cybersecurity...

July 09, 2024

Considering Ending Your Relationship with a Vendor?

Obtain step-by-step guidance for terminating a commercial contract. Learn about the different types of termination provisions, requirements for a valid termination, and other legal and practical considerations when terminating a contract. Read now » Related Content Termination and Cancellation Rights Learn about the various ways in which a contract may be terminated. Termination Agreement Access this...

July 09, 2024

Navigating Biometrics: Strategies to Mitigate Legal Risks

To get ahead of the compliance curve, companies must take proactive measures to establish adaptable biometrics compliance programs. This newly updated practice note discusses the legal issues regarding biometric data including the major types of biometric technologies, state and local laws governing the collection and use of biometric data, recent Federal Trade Commission enforcement actions, and how to mitigate legal...

July 09, 2024

Take a Break! Watch and Learn More about DOL’s New Retirement Security Rule and Associated Prohibited Transaction Exemption Amendments

The U.S. Department of Labor (DOL) issued final rules in late April regarding its definition of fiduciary investment advice and associated prohibited transaction exemptions (PTEs). The rule and amended PTEs will protect retirement investors by requiring trusted advice providers to follow high standards of care and loyalty when making investment recommendations—particularly to participants moving their plan assets...

July 09, 2024

If You’re Drowning, our New Official Forms Charts Can Save You

Does your client’s oil and gas exploration and production operation have you drowning in paperwork? Do they have filing obligations in states you are unfamiliar with? If so, check out our newest Practical Guidance chart, Upstream Oil and Gas Official Forms Chart (OH), to review Ohio official forms and instructions promulgated by state regulators. Read now » Related Content Upstream Oil and Gas Lease...

July 09, 2024

Watch This! Second Lien Financings Video

Watch this new video providing an overview of second lien debt, which is an increasingly preferred form of junior financing, as compared with unsecured debt, subordinated mezzanine debt, or unsecured high yield debt. Watch now » Related Content Credit Agreement Resource Kit Check out this resource kit providing an overview of drafting, reviewing, and negotiating a credit agreement. This resource kit includes...

July 09, 2024

FDIC Expands Requirements for Big-Bank Resolution Plans

The Federal Deposit Insurance Corporation (FDIC) issued new rules which expand resolution-planning requirements to strengthen regulatory oversight of large banking organizations. The requirements apply to any insured depository institution with $100 billion or more in total assets. Review this article for a complete understanding of the new content and timing requirements for full resolution submissions, as well as the...

July 09, 2024

Apparent Agency Theory of Liability in Medical Malpractice Cases

Understand how healthcare facilities may be found liable for the acts of their non-employed attending physicians under a theory of apparent or ostensible agency. Learn how courts have found that a physician, although technically an independent practitioner, has rendered services on behalf of the healthcare facility and is, in effect, a de facto employee or agent of the institution for purposes of liability. Get up to...

July 09, 2024

Trying to Reason with Hurricane Season

Learn about ongoing homeowners insurance crises driven by extreme weather events and state measures aimed at stabilizing coastal property insurance markets. Read now » Related Content Positive Developments Looming in Homeowners Insurance Crisis Look back at the status of the homeowners insurance crisis and see where the market has moved since 2023. Property Insurers in California: Understanding Their...

July 09, 2024

Design Patents in the wake of LKQ Corp. v. GM Global Technology Operations LLC

The Federal Circuit’s recent decision in LKQ Corp. v. GM Global Technology Operations LLC changed the standard for finding obviousness in design patent cases throwing out the long-standing Rosen-Durling test and holding that the standard for utility patents should be used instead. Review new guidance and refresh your knowledge of design patent practice with this Design Patent Resource Kit, which includes resources...

July 09, 2024

Don’t Leave Without First Watching Our New FMLA Litigation Strategy Video

Are you interested in learning about key employer strategies for defending Family and Medical Leave Act (FMLA) litigation? Watch our new video, FMLA Litigation: Key Employer Strategies Video , by Kimberley E. Lunetta of Morgan, Lewis & Bockius LLP. Watch now » Related Content Family and Medical Leave Act (FMLA) Litigation Defense Strategies Identify strategic considerations when defending lawsuits brought...