May 14, 2024

A Rose by Any other Color. Municipal Bond Interest Can Be Taxable

Under IRC § 103(b)(2) , interest which would otherwise be excluded from gross income under IRC § 103(a) is instead subject to federal income taxation if the obligation is classified as an arbitrage bond. Arbitrage bonds are one of several exceptions to the federal income tax exemption for interest on obligations issued by governmental entities. These bonds are obligations that are reasonably expected to be used...

May 14, 2024

We Should Open an Investigation

You are watching your favorite true-crime documentary, and you notice the detective uses a notepad with a checklist of items to investigate. As creditors’ committee counsel, you don’t need to write a checklist in a notepad. Simply use this checklist to identify areas of investigation of a Chapter 11 debtor. Read now » Related Content Creditors' Committees' Roles in Bankruptcy Understand...

May 14, 2024

Track New Generative AI Rules in State and Federal Courts

Use our tracker to keep up with the rules and standing orders implemented by certain federal and state court judges, court administrations, and bar associations governing the use of generative AI in court filings. The tracker also identifies situations where a court or judge has not enacted a rule or standing order on generative AI but has included generative AI guidance or restrictions in case-specific orders or docket...

May 14, 2024

SEC's Win in Shadow Trading Case Shines Light on Corporate Trading Policies

Shadow trading is a form of insider trading that refers to trading in the securities of one company based on material nonpublic information about another company. In a recent verdict, a jury in the Northern District of California found that insider trading occurred when an executive at a biomedical company purchased options for a rival company’s securities after receiving material nonpublic information about his...

May 14, 2024

Enforce Your Clients' Trade Secrets and Proprietary Information Rights

Acquire guidance on legal claims and relief available to employers to protect their trade secrets and confidential information from misappropriation by employees and others, including claims under the Defend Trade Secrets Act (DTSA), state and common law contract and tort claims, and claims for theft of confidential information. Read now » Related Content Restrictive Covenants and Confidential Information...

May 14, 2024

Decoding India's New Data Protection Law

Learn about the broad scope of India's Digital Personal Data Protection Act in this article by Bird and Bird attorneys, examining the law’s extraterritoriality, covered organizations and data, processing obligations, and data protection principles. Read now » Related Content Multilaw Global Guide: Data Protection Law Resource Kit Check out this extensive coverage of data protection laws in 40 international...

May 14, 2024

I Want it Now! Receiving Pre-Termination of Employment 401(k) Plan Distributions

ERISA and tax-favored retirement plans are primarily intended to provide retirement income to plan participants and their beneficiaries. Unrestricted access to retirement savings before retirement generally is not permitted, but plans, particularly 401(k) plans, can and often do allow some in-service distributions. Take a look at the types of permissible in-service distributions by referencing this comprehensive chart...

May 14, 2024

I’ve Got Sunshine on My Oil Rig

Solar power development is the hottest renewable resource and technology right now. Solar lessees often must interact with mineral owners or lessees in an effort to accommodate the dominant mineral interests which may exist on leased property. Learn how to help your client navigate these interactions by watching our Solar Leases: Solar Leases, Oil and Gas Development, and the Accommodation Doctrine Video. Watch now...

May 14, 2024

New to Finance? Learn the Fundamentals

Check out our Finance Fundamentals Resource Kit today! This resource kit provides an overview of a financing transaction from the negotiation of commitment papers to the documentation of the loan documents to closing and post-closing mechanics. Read now » Related Content Commitment Letter and Term Sheet Provisions Understand the commitment letter and term sheet and how they relate to a financing transaction...

May 14, 2024

Regulatory Due Diligence Considerations in U.S. Bank M&A Transactions Checklist

Following high-profile bank failures that reverberated through the banking industry in 2023, bank mergers and acquisitions (M&A) continue to be a focal point in 2024. Institutions looking to acquire or merge with a banking institution must obtain regulatory approval and navigate a regulatory landscape that has become increasingly complex. Review this checklist written by Eric Yoon of Kim & Chang, for an understanding...

May 14, 2024

New Contract Request Form Template!

Add this template to your clients’ existing contract lifecycle management processes. This template provides a request form to be used by all members of a healthcare organization's workforce when requesting any contract involving the organization. This form document supplements a healthcare organization's contract review and approval policy and should be made a mandatory part of the organization's contracting...

May 14, 2024

Cyber Insurance Video Marathon: The Right Stuff

Check out the final episode in Tom Bentz’s four-part video series for insight on how to pick the right broker and the right carrier to advise on acquiring the right cyber liability policy. Watch now » Related Content Cyber Insurance: Basics Video Get clarity on cyber coverage basics and the difficulties that can arise when choosing among cyber liability policies. Cyber Insurance: Critical Insurance...

May 14, 2024

Demystifying Means-Plus-Function: The Ins and Outs to MPF Statements

Explore the law on means-plus-function claiming with this practice note describing when a utility patent claim should be interpreted as a means-plus-function or step-plus-function claim (functional claims) in accordance with 35 U.S.C. § 112(f) and the sixth paragraph of pre-AIA 35 U.S.C. § 112. Explore how the scope of a functional claim should be construed and applied for purposes of determining infringement...

May 07, 2024

Full House at the FTC: Three Dems and Two GOP

With Republican commissioners Melissa Holyoak and Andrew Ferguson joining the FTC in March, the Commission has GOP input for the first time in nearly a year. On April 22, the now-full-strength FTC voted unanimously to challenge a merger between “accessible luxury” handbag eminences Tapestry, maker of Coach and Kate Spade, and Capri, maker of Michael Kors. Besides railing against the merger’s impact on...

May 07, 2024

The Ins and Outs of Mass-Tort Bankruptcies

Companies facing mass-tort claims have increasingly turned to bankruptcy. Mass torts claimants can result from a myriad of situations, for instance, from exposure to asbestos or benzene, sexual abuse, or wildfires started by a power company. Check out this expertly drafted practice note discussing companies that file bankruptcy to address their mass-tort liabilities. Read now » Related Content Noticing Mass...

May 07, 2024

May’s Best Practices: ChatGPT and Litigators

By now you’ve probably come across correspondence, memoranda, or other documents that you (often correctly) assumed were “written” using ChatGPT. In this practice note on best practices, our expert author advises litigators on what you should consider when using ChatGPT or other artificial intelligence programs as tools in your practice and effective uses of ChatGPT in your daily practice. And no, our...

May 07, 2024

Risk Factor Drafting Video

Drafting risk factors is a critical skill for public company counsel working on periodic filings and securities offerings. Risk factors are critical disclosures that inform investors about the risks of investing in the securities of a public company. Check out this video for helpful insights into identifying risk factors, keys for understanding organizational requirements, and drafting tips. Watch now » Related...

May 07, 2024

New Environmental Resource Kit

Environmental considerations are ever-present in construction practice and encompass everything from regulatory and liability concerns to the desire to do business in an eco-conscious way. Find Practical Guidance environmental resources in one convenient place. Read now » Related Content Regulation of Greenhouse Gas Emissions State Law Survey Use this state law survey to identify reporting requirements and...

May 07, 2024

Considering a Franchise? Learn the Basics!

Learn about the critical issues pertaining to franchise relationships, including applicable state and federal laws governing the sale and post-sale of franchises; termination, renewal, and assignment rights; trademark registration; and joint employment liability. Read now » Related Content Franchisees and Prospective Franchisees Considerations Read about common issues facing current and prospective franchisees...

May 07, 2024

Consumer Privacy Countdown Begins in Big Sky Country

Montana’s consumer privacy law will soon become effective. Prepare for October’s deadline with our latest Q&A including information on exemptions, key definitions, consumer rights and requests, controller/processor obligations, data protection requirements, enforcement, and more. Read now » Related Content Data Breach Notification (MT) Check out this Q&A for Montana’s breach notification...

May 07, 2024

Set Them Free! Reeling from FTC News Largely Eliminating Noncompetes

The Federal Trade Commission issued a final rule that prohibits new non-compete agreements with workers, with limited exceptions for business transactions. The rule provides that existing non-compete agreements with non-senior executives become unenforceable as of the effective date. Existing noncompetes with senior executives can remain in force but no new noncompetes (outside the limited exception) with any worker may...

May 07, 2024

New Trends in Equity Cure Rights

Equity cure rights permit a holding company, sponsor, or other shareholder to make an investment in the borrower, thereby providing cash proceeds that allow the borrower to comply with financial maintenance covenants in the credit agreement and preventing or repairing a breach of those covenants. While the prevalence of equity cure rights during 2023 remained steady when compared to credit agreements filed in 2022, new...

May 07, 2024

New Practice Note: OIG General Compliance Program Guidance Overview!

Get a summary of—and insight into—OIG’s recently released General Compliance Program Guidance (GCPG) in this practice note from Lynn M. Barrett of Barrett Law, PA. Learn how the GCPG updates and consolidates previous OIG guidance into a single set of standards applicable to all sectors of the healthcare industry. Review OIG’s revisions to the Seven Elements of a Successful Compliance Program. See...

May 07, 2024

Slicing and Dicing the Duty to Defend

Get a blueprint, from Randy Maniloff, for how to reduce the amount of overlapping fees an insurer may owe to defense counsel. Read now » Related Content Insurance Policy Interpretation: Defining the Insured and Insured/Insurer Duties Get a broad overview of both the insured and insurer and their duties under an insurance policy. Duty to Defend and Duty to Indemnify Checklist Review the major duties an...

May 07, 2024

What’s in a Name? Review Name, Image, and Likeness Agreements with Practical Guidance

Check out this practice note for an overview of the name, image, and likeness (NIL) rights granted to NCAA student-athletes, including NCAA regulations and guidance; state laws pertaining to student-athletes' ability to commercially exploit their names, images, and likenesses; and key considerations for student-athletes, institutions, and corporate sponsors in NIL agreements. Read now » Related Content ...