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May 20, 2025

From Identification to Remediation: Navigating the Cyber Vulnerability Process

Check out this new detailed guide on the cyber vulnerability handling process, outlining the identification, assessment, prioritization, and remediation of security vulnerabilities as well as monitoring and follow-up. Effective vulnerability management is critical to safeguarding the organization's critical assets, sensitive data, and overall cybersecurity posture, mitigating potential threats before they lead to...

May 20, 2025

Unpacking the Essentials of Executive Employment Agreements

In today's competitive business landscape, companies use comprehensive executive employment agreements to attract and retain top talent. These agreements align the interests of both the executive and the organization by providing a detailed compensation structure that combines a guaranteed base salary with performance-driven incentives such as bonuses, profit-sharing options, and equity awards. Additionally, they...

May 20, 2025

Fueling Growth: Reserve-Based Loan Trends in the Energy Sector

Read this practice note providing an overview of reserve-based loans (RBLs) in the oil and gas (O&G) industry. RBLs are a type of asset-based loan commonly used in the upstream O&G industry, especially among non-investment grade companies. This practice note also discusses recent market trends in certain publicly filed deals from 2024 to Q1 2025. Read now » Related Content Asset-Based Lending Resource...

May 20, 2025

Consumer Disclosure Notice Template for Credit Repair Organizations

Consumers seeking help with credit issues often turn to Credit Repair Organizations (CROs) for assistance. These licensed entities must comply with the Credit Repair Organizations Act (CROA), which includes key consumer protection provisions. CROA requires CROs to provide clear disclosures outlining consumer rights before entering into any agreement, and it prohibits the waiver of certain legal rights. CROs can refer...

May 20, 2025

A State-by-State Survey on Hospice Care Laws and Regulations

Check out this state law survey from Practical Guidance – Healthcare that addresses short-term hospital services for terminally ill patients, including those provided through Medicare programs. Highlighted issues include licensing/certification of inpatient hospice facilities, limits to provider reimbursements of annual Medicare hospice benefit cap amount, and qualifications necessary for hospice administrators...

May 20, 2025

Joint Efforts: Demystifying the Purple Haze of Cannabis Insurance for Marijuana-Related Businesses

Learn about the specifics of representative insurance policies that marijuana-related businesses (MRBs) routinely need. Read now » Related Content Cannabis State Regulatory Agencies Gain a greater understanding of the varied processes that impact the legalization of cannabis at the state level and how evolving state statutes and regulatory structures impact the adult-use cannabis industry. Understanding...

May 20, 2025

Mastering Patent Claim Drafting for Living Organisms and Genetic Sequences

In a landscape where precision is paramount, our latest practice note delivers essential guidance on drafting claims for living organisms and genetic sequences. Discover how landmark decisions and practical examples can empower you to draft clear, robust claims that withstand modern challenges. Read now » Related Content Claim Drafting Pre-filing Checklist (U.S. Utility Patent) Head over to this streamlined...

May 20, 2025

Play by the Book: See Our New Independent Contractor Agreement Playbook

Playbooks help attorneys review contracts quickly and consistently by comparing document language with a predefined and reusable set of language, rules, and actions, including favored contract language/position (by contract type and term), fallback positions per term, and drafting guidance with negotiation strategies/rationale. Check out our first L&E playbook, Independent Contractor Agreement Playbook (Pro-service...

May 20, 2025

Regulatory Due Diligence for Medical Device Technology Transactions

This practice note covers key legal and regulatory issues to evaluate, questions to ask, and documents to review in medical device or diagnostic technology deals, including M&A, investments, financings, and joint ventures. Read now » Related Content Life Sciences M&A Transactions Learn about factors driving deal flow in one of the most active sectors for M&A activity. This practice note explores...

May 20, 2025

The Deal Bridge: Transition Services Agreement

In the complex world of M&A transactions, transition services agreements (TSAs) serve as critical bridges between deal closing and operational independence thus creating stability during organizational change while protecting core business functions. Our practice note on transition services agreements in M&A deals provides comprehensive guidance on designing effective transition frameworks that balance service...

May 20, 2025

New! Playbook for Negotiating Letters of Intent for Office Lease Agreements

Entering into a letter of intent for an office lease agreement? Consult our playbook for valuable key provisions, alternative language provisions, and guidance for both landlords and tenants. Download a copy to streamline your contract negotiation process. Read now » Related Content Attorney's Role in the Office Leasing Process Dive into this practice note discussing the attorney's role in identifying...

May 20, 2025

Close Encounters of the Business Kind: Mastering Succession and Tax Planning for the Small Business

Succession planning is a critical aspect of managing small, closely held businesses, as the unexpected departure of a key leader can significantly disrupt operations and challenge the business's legal continuity. Unlike large, publicly traded companies, these businesses face unique challenges in maintaining ownership and operational stability. Consider our comprehensive planning ideas, which address both tax and business...

May 20, 2025

Close Encounters of the Business Kind: Mastering Succession and Tax Planning for the Small Business

Succession planning is a critical aspect of managing small, closely held businesses, as the unexpected departure of a key leader can significantly disrupt operations and challenge the business's legal continuity. Unlike large, publicly traded companies, these businesses face unique challenges in maintaining ownership and operational stability. Consider our comprehensive planning ideas, which address both tax and business...

May 13, 2025

Unlock the Secrets of Bankruptcy Sales!

Dive into our comprehensive Bankruptcy Sale Pleadings Chart to streamline your Section 363 sale process. This invaluable resource offers direct links to essential pleadings, Practical Guidance templates, and summaries of key deal points. Whether you're navigating asset purchase agreements, sale motions, or other sale documents, this chart is your go-to tool for efficient and informed decision-making. Read now »...

May 13, 2025

Under the Gavel: Tracking AI's Transformative Impact

Generative AI is reshaping civil litigation. Stay ahead in the evolving world of courtroom procedures with our comprehensive tracker offering an up-to-date review of new rules, standing orders, and case-specific orders introduced by various federal and state judges, court administrations, and bar associations. With weekly updates ensuring the latest information, this resource is an indispensable tool for anyone committed...

May 13, 2025

Top 10 Practice Tips: Debt Tender Offers

Debt tender offers are highly regulated and complex. Companies intending to engage in one should identify key considerations and regulatory requirements for issuers undertaking a debt tender offer for cash, including evaluating liquidity, applicability of SEC tender offer rules, and the classification of debt securities (convertible vs. nonconvertible). They will need to take into account, among other things, timing rules...

May 13, 2025

Mastering Product Liability: Strategies for Preemption and Risk Mitigation

Explore the complexities of product liability claims with this practice note, which delves into preemption and mitigation strategies. Learn how to navigate the legal landscape, implement risk-reducing measures, and protect your business from potential liabilities through effective contracting, insurance, and due diligence. Read now » Related Content Product Liability Claims, Defenses, and Remedies Unlock...

May 13, 2025

States Teaming Up to Synchronize Data Protection Efforts

In the absence of a federal privacy law, a bipartisan coalition of state regulators has formed the Consortium of Privacy Regulators to coordinate enforcement and ensure consistent application of state data privacy laws. This initiative aims to create a unified privacy framework that addresses the challenges posed by the patchwork of state privacy laws. The consortium, announced by California Attorney General Rob Bonta...

May 13, 2025

Stake a Claim: Applying Claims Procedures in ERISA Plans

If an ERISA plan participant has a claim against the plan fiduciaries, the participant first must exhaust the plan’s internal remedies. Once the participant makes their claim, the plan administrator must prepare and deliver a written notice of the benefits denial with specific reasons laid out. The participant may appeal that decision and, if so, must receive "a full and fair review" of that decision....

May 13, 2025

When Your Corporate Marriage Has a Built-In Expiration Date

Negotiating the term provision for a wind lease is one of the most important functions counsel can accomplish. Too short of a term, and the wind lease development may not be financially viable. Too long of a term, and the landowner’s heirs and assigns will be burdened by terms they never negotiated. Now, in light of government intervention in offshore wind development projects, thought has to go into whether a wind...

May 13, 2025

Strategic Flexibility in Credit Agreements

Need to stay updated on amend and extend provisions in credit agreements? Check out this Market Trends practice note for insights from publicly filed agreements from the second half of 2024 and the first quarter of 2025. The data analyzed in this practice note was obtained using Market Standards , Practical Guidance’s searchable database of publicly filed credit agreements and commitment letters. Read now »...

May 13, 2025

Mitigating the Risks Associated With the Equal Credit Opportunity Act

The Equal Credit Opportunity Act (ECOA) and associated fair lending laws are critical to ensuring that discrimination does not occur in consumer lending. Despite the significant reduction in operations at the Consumer Financial Protection Bureau (CFPB) under the current administration, ECOA and other fair lending laws remain fully in effect and other federal agencies and the Department of Justice continue to conduct examinations...

May 13, 2025

Teaching Triumphs: The Tale of AMCs

Check out this practice note from Practical Guidance – Healthcare for an overview of Academic Medical Centers (AMCs). The practice note defines AMCs, explains their three-part mission of clinical care, research, and education, and describes their governance, structure, and funding. The practice note also examines key regulatory considerations unique to AMCs. Read now » Related Content Academic Medical...

May 13, 2025

No Sympathy for the Devil: When Claims Settlement and Trade Practices Go South

Learn about the fundamentals of both the NAIC’s Unfair Insurance Trade Practices and Unfair Claims Settlement Practices Model Acts. Read now » Related Content NAIC Unfair Claims Practices Model Act Checklist Review key provisions of the NAIC Unfair Insurance Claims Practices Act to determine whether your insurance client’s claims practices comply with the law. NAIC Unfair Insurance Trade...

May 13, 2025

The Price of Noncompliance: Motion for Judgment or Other Discovery Sanctions at the TTAB

What happens when an opposing party fails to comply with a TTAB discovery order? Use this motion for discovery sanctions, including judgment, in a proceeding before the Trademark Trial and Appeal Board (TTAB). Read now » Related Content TTAB Proceedings Resource Kit Use this resource kit for an overview of proceedings before the TTAB. Topics include preparing and filing pleadings, taking discovery, the testimony...