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May 07, 2024

Don’t Fire Back: Help Avoid Workplace Retaliation Claims with Practical Guidance and Lex Machina®

According to Lex Machina®, retaliation lawsuits are on the rise. Learn how to evaluate, avoid, and defend against retaliation claims with guidance by Proskauer attorneys Patrick J. Lamparello and Noa Baddish. Retaliation Claim Elements: Key Considerations contains updated retaliation data and corresponding insight from Lex Machina®. Read now » Related Content Retaliation Claims: Evaluating Risks...

May 07, 2024

Clinical Research State Law Survey

Use this 50-state (plus the District of Columbia and U.S. Territories) survey to research state clinical research regulations, with a focus on clinical trial coverage, populations, access, and informed consent and confidentiality. Read now » Related Content Informed Consent for Clinical Trials (State Variations) Understand clinical trial informed consent requirements, including noteworthy state variations...

May 07, 2024

Gaining the Advantage by Concealing Knowledge: Sandbagging in M&A Deals

When a buyer in a private acquisition transaction knows (whether at signing or before closing) that a representation or warranty given by the seller is not true yet closes the transaction anyway and then seeks damages for breach of representation or warranty, the buyer is said to have "sandbagged" the seller. On its face, such a claim might seem unfair to a seller, and even the name "sandbagging" suggests...

May 07, 2024

Borrower in Default, Now What?

When a borrower defaults, one of the mortgage lender’s remedies is to acquire the subject property, referred to as real estate owned property (REO property). Read this practice note to learn how a mortgage lender acquires commercial REO property as part of a foreclosure or settlement. Read now » Related Content Commercial Real Estate Loan Defaults and Remedies Read this discussion of borrower default...

May 07, 2024

Come Fly with Me—But It’ll Be Taxable

It’s not unusual for large employers to own or lease private jets to transport their top executives to business locations. All business travel is a tax-deductible business expense (and generally the costs related to the jet), but what if there’s a personal element to the travel? Maybe the individual or individuals travel private for security reasons? Or maybe they bring their spouses? Maybe the travel purpose...

May 01, 2024

Ten Ways You Should Be Using Your Firm’s Knowledge Management Department

Whether you’re a recent law school graduate or a shareholder with an extensive book of business, knowledge management (KM) provides ever-evolving opportunities to boost efficiency and advance client services. Our new expert-authored practice note discusses how you can get the most out of your KM department and covers topics such as KM tools for attorneys, artificial intelligence (AI), and using KM to create client...

May 01, 2024

Are my Interests in an LLC Protected by the Automatic Stay?

You represent a debtor that holds a minority interest in an LLC. To what extent does the automatic stay protect the debtor against the non-debtor majority owner’s actions to strip away your client’s rights? Check out this expertly drafted article discussing a recent decision by the Third Circuit addressing this and related issues. Read now » Related Content LLCs and Bankruptcies Read this discussion...

April 30, 2024

NYSE Initial Listing Requirements Table

For a company to list on the New York Stock Exchange, it must meet certain minimum financial and liquidity requirements. Companies must meet one of several financial standards and distribution standards that vary according to the circumstances or type of company applying. Read this checklist to get an overview of these requirements in advance of an IPO or otherwise listing securities on NYSE. Read now » Related...

April 30, 2024

Don't Let Your Client's Cannabis Business Go up in Smoke

Learn about common considerations when advising cannabis-related businesses, including federal and state regulations, tax issues, employment implications and banking concerns. Read now » Related Content Cannabis Law Practice Overview Read about cannabis-related legal issues that generally arise across all jurisdictions. Cannabis Key Legal Developments Tracker Stay on top of recent legal developments...

April 30, 2024

Third-Party Vendor Data Privacy Risk Management

Check out the legal requirements and best practices for mitigating third-party / vendor risks to consumers' privacy or security by ensuring that vendor contracts involving personal data processing comply with U.S. state privacy laws. Read now » Related Content Third-Party Vendor Data Privacy Risk Management Checklist Learn best practices for ensuring vendor contracts comply with U.S. state comprehensive...

April 30, 2024

Count Them Up! Tracking “Covered Employees” for Section 162(m)’s $1 Million Deduction Limit

Section 162(m) limits the deductibility of taxable compensation paid in any tax year to covered employees of publicly held corporations and certain affiliates to the extent such compensation exceeds $1 million (per covered employee). The Tax Cuts and Jobs Act changed Section 162(m) by (1) eliminating the prior performance-based compensation exemption, and (2) increasing the number of covered executives, consistent with...

April 30, 2024

Let’s All Get Along

With a worldwide rush to explore for and produce as much oil and natural gas as possible, many former rivals are joining together to explore energy-producing regions together. Using a joint operating agreement to govern individual rights and responsibilities, multiple parties can join together to efficiently explore untapped fields quickly and efficiently. Helping your clients understand the basics of negotiating a joint...

April 30, 2024

Navigating MFN Provisions in Incremental Facilities

Check out this new practice note providing an overview of recent trends in most favored nation (MFN) clauses in publicly-filed credit agreements through Q1 2024. The data analyzed in this practice note was obtained using Market Standards , the searchable database from Practical Guidance of publicly-filed credit agreements that enables users to search, compare, and analyze credit agreements using approximately 90 detailed...

April 30, 2024

Debt Collection: A State Law Survey

The Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) have authority to enforce the Fair Debt Collection Practices Act (FDCPA) and take action against any debt collector who fails to comply with the FDCPA. While financial institutions and debt collectors must comply with the FDCPA, collectors must also be familiar with applicable state laws and regulations governing debt collection. Access...

April 30, 2024

Medical Waste Disposal Policy (Hospitals and Health Systems)

Mandate the safe and environmentally responsible disposal of medical waste generated or maintained by your hospital and health system clients. Outline procedures for identifying, segregating, packaging, and disposing of medical waste in compliance with local, state, and federal regulations. Read now » Related Content Medical and Infectious Waste State Law Survey Get up to speed on state laws addressing storage...

April 30, 2024

Cannabis Insurance: Anticipated Developments in a Presidential Election Year

Cannabis Insurance: Anticipated Developments in a Presidential Election Year Learn the latest about what to expect during 2024 in the cannabis insurance space. Read now » Related Content Understanding the Cannabis Industry and Its Insurance Market Discover how the cannabis industry's particular insurance needs have created an entirely new insurance market and how an understanding of that market requires...

April 30, 2024

Finding Meaning: Construction of Common Terms in Patent Claims

This resource kit provides guidance useful for both patent prosecutors and litigators on how courts and the Patent Trial and Appeal Board have construed commonly used patent claim terms and related claim drafting considerations. Set an alert to receive updates on when new terms are added to this growing collection of claim construction charts. See additional resources for claim construction below. Read now » ...

April 30, 2024

It’s About (Over)Time: Watch Our FLSA Salary Basis Test Video

On April 23, 2024, the U.S. Department of Labor enacted a rule increasing the salary threshold for “white-collar” employees to be exempt from receiving overtime from $35,568 to $43,888 on July 1, 2024, and then an increase to $58,656 on January 1, 2025. Do you need guidance on the salary basis test under the Fair Labor Standards Act (FLSA)? Watch our new Salary Basis Test Video, by Chris Kazanowski of Lex...

April 30, 2024

Florida Attorney Discovers New M&A Resource Kit on Practical Guidance: “It Has Everything I Need!”

The Sunshine State is fast becoming the Business State! Whether your client is starting, selling, or buying a Florida business, Practical Guidance’s new M&A Resource Kit for Florida puts over 120 Florida-focused resources at your fingertips, covering topics including tax and business registration requirements, transaction approval requirements, negotiating a purchase agreement governed by Florida law, and operating...

April 30, 2024

Simplify Commercial Real Estate Purchases and Sales

Interested in step-by-step guidance to simplify commercial purchase and sale transactions? Use this handy checklist for transactions in Oregon. See the Related Content section below for similar checklists in other jurisdictions. Read now » Related Content Commercial Purchase and Sale Process Checklist (NY) Dive into this content discussing New York commercial purchase agreements and zoning issues addressing...

April 30, 2024

Tax Exempt Focus: Political Action Committees

Section 527 of the Internal Revenue Code provides a broad tax exemption for Political Action Committees (PACs) involved only in campaign activity. Section 527 applies only to "political organizations." For a PAC to qualify, it must be organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for an "exempt function." Read this...

April 23, 2024

I am Tired of Your Incompetence! Send in the Examiner!

An examiner investigates the debtor's affairs or allegations of management misconduct if either the court determines the appointment would be in the best interests of stakeholders and the estate or the debtor has qualifying unsecured debt exceeding $5 million. Check out this expertly-drafted article discussing a recent decision by the Third Circuit on whether a bankruptcy court can deny a motion to appoint an examiner...

April 23, 2024

Hoarding Old Documents? Check Out Our PowerPoint Presentation on Document Retention

Teaching a room full of employees about document retention policy? We make it easy for you with guidance and ready-made PowerPoint slides. Read now » Related Content E-discovery: Planning for and Conducting E-discovery (Federal) Find out how to plan and conduct electronic discovery. Preserving Evidence Video (Federal) Watch this video highlighting key issues attorneys should consider when preserving...

April 23, 2024

Nasdaq Initial Listing Requirements Table

For a company to list on the Nasdaq Stock Exchange, it must meet certain minimum financial and liquidity requirements. Companies must meet one of four financial standards and a set of liquidity requirements that vary according to the circumstances or type of company applying. Use this checklist to get an overview of these requirements in advance of an IPO or otherwise listing securities on Nasdaq. Read now » ...

April 23, 2024

Federal Arbitration Act vs. State Arbitrations Laws Comparison Chart (Construction)

State arbitration laws can significantly differ from the Federal Arbitration Act (FAA). Careful analysis and drafting are key when deciding whether state law or the FAA should be designated in a construction contract. Compare the rules and procedures for arbitrations under the FAA and key states. Read now » Related Content Construction Arbitrator Selection: a/k/a "I Have an Arbitration Provision in My...