July 01, 2025

The Long Tail Bites Back: When Old Policies Haunt New Problems

Discover how nothing says “legacy risk” like a 1972 occurrence clause. Read now » Related Content Environmental Liability Coverage and Exclusions under Commercial General Liability (CGL) Policies Explore critical environmental liability coverage issues and related pollution exclusions under CGL insurance policies; analysis extends to primary, excess, and umbrella policies, which have the same...

July 01, 2025

Double Trouble: Mastering Double Patenting Rejections

Double patenting rejections can derail your client’s patent strategy. Read this practice note to learn about statutory and non-statutory double patenting rejections, how to identify them, and strategic response options to overcome or avoid them. Get expert insights into key distinctions, from terminal disclaimers to restriction practice under 35 U.S.C. § 121, and discover how to protect your clients' innovations...

July 01, 2025

From Inbox to Incident: Avoid Cybersecurity Crises with Our Workplace Training Presentation

Do you need to educate employers and employees on cybersecurity and the risks associated with online and email communications in the workplace? Use our newly published Cybersecurity, Online, and Email Risks in the Workplace: Training Presentation by Carlos Colon-Machargo of Ogletree Deakins. Read now » Related Content ​ Cybersecurity Resource Kit Access a variety of Practical Guidance resources addressing...

July 01, 2025

Responding to FDA Form 483 Inspectional Observations

Check out this video discussing best practices for responding to FDA Form 483 inspectional observations. Watch now » Related Content Life Sciences FDA Matters Representation and Warranty Clause Use this template to start drafting a compliance representation clause that the target has conducted its business in accordance with a series of specific laws, rules, and regulations governing the pharmaceutical industry...

July 01, 2025

Adjusting the Deal Price After Closing When the Stars are not so Spangled

Don’t miss out on what’s trending in the deal market. Find out how dealmakers are navigating valuation uncertainties with increasingly nuanced adjustment provisions, from working capital metrics to post-closing escrows. Whether you're negotiating mega deals or middle-market transactions, gain practical insight into prevailing trends and real-world clauses shaping today's private-target acquisitions...

July 01, 2025

Land Banking: A Strategic Approach to Real Estate Investments

Land banking transactions are an alternative financing structure where the land banker (typically an investment group) purchases the land shortly before or soon after the homebuilder acquires it. The parties enter into an option contract for the developer to repurchase the property from the land banker in phased installments. This strategy allows the builder to reduce its inventory of lots on its balance sheet and control...

July 01, 2025

Understanding Receiverships in Georgia

Explore the essential aspects of receivership, a legal process where a court appoints a receiver to manage and protect property or assets. State law governs the various aspects and types of receiverships. In Georgia, for example, several statutes govern receiverships. Check out this expertly drafted Q&A on the requirements for receiverships in Georgia. Read now » Related Content Receiverships Review...

July 01, 2025

Smarter Lawyering with AI: A Governance Guide You Can’t Afford to Miss

Discover how your firm can harness the power of artificial intelligence (AI) with confidence and clarity. Our experts’ new comprehensive practice note offers vital guidance on integrating AI tools into legal workflows while navigating the complex terrain of ethics, risk, and client communication. Drawing on the latest insights, including the ABA’s recent Formal Opinion 512, it provides a practical roadmap...

July 01, 2025

AI for Broker-Dealers and Investment Advisers: Legal and Regulatory Considerations

As broker-dealers and investment advisers increasingly deploy artificial intelligence (AI) applications across their business functions, they must ensure that these technologies operate in compliance with applicable securities laws and regulations. These include customer-facing applications such as chatbots and virtual assistants, trading algorithms and portfolio management tools, and compliance monitoring systems. Read...

July 01, 2025

Build Your Legal Foundation: First Year Associate Resource Kit

Kickstart your legal career with this Practical Guidance Resource Kit—your go-to guide for mastering construction law from day one. Packed with essential tools like practice notes, templates, and checklists, this kit helps you tackle real-world assignments with confidence so you can stand out from the start. Read now » Related Content Demand Letter for Indemnification (Construction Contract) Use this...

July 01, 2025

Unlocking Value: The Strategic Role of Benchmarking in Outsourcing Deals

Obtain knowledge of the benchmarking process in outsourcing transactions to allow your client to compare service provider charges and service levels to market trends with comparable customers. Issues addressed include benchmark considerations, such as service levels and pricing and cost allocation, the benchmarking process, and potential remedies when the benchmarking results indicate excessive charges. Read now »...

July 01, 2025

Privacy by Design (PbD) Implementation Checklist

This checklist offers privacy and cybersecurity considerations when designing, developing, and implementing products and services using privacy by design (PbD) principles. PbD focuses on privacy and user-centric notions of design and development throughout the entire product or service life cycle from ideation and development through deprecation and deletion. PbD aims to prevent issues from occurring and preserve privacy...

July 01, 2025

C-Suite Contracts: Unpacking Executive Pay and Protection

Executive employment agreements are more than just salary statements—they’re strategic tools that define the relationship between top leadership and the organization. Explore how these contracts govern compensation, bonuses, equity, severance, and protections like non-compete and change-in-control clauses. From golden parachutes to clawback provisions, executive contracts reflect a high-stakes blend of negotiation...

June 24, 2025

Bankruptcy, Ethics, and AI: What a Combo

Bankruptcy attorneys must adhere to the conflicts of interest and disclosure obligation requirements under the Bankruptcy Code and Federal Rules of Bankruptcy Procedure. As part of their ethical obligations, bankruptcy attorneys should also understand the ethical considerations in managing clients' social media, the implications of AI, and the potential criminal exposures for attorneys and clients. Check out this...

June 24, 2025

Harness the Future: Your Essential Guide to AI Adoption in Law Firms

Discover a strategic framework designed to guide the adoption of artificial intelligence within your practice. In this comprehensive checklist, our experts emphasize core elements such as governance, risk management, training, and data security. Find out how to promote a collaborative approach involving multiple disciplines and ensure that human oversight and continuous education are prioritized for safe and effective...

June 24, 2025

The Corporate Transparency Act: A Legal, Political, and Regulatory Battle Over Beneficial Ownership Disclosure Client Alert Digest

The Corporate Transparency Act (CTA), as enacted, mandates that certain U.S. and foreign entities disclose their beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN), aiming to curb illicit financial activities facilitated by anonymous shell companies. However, in March 2025, the Department of the Treasury announced a significant shift in how the CTA would be implemented, along with FinCEN’s...

June 24, 2025

Joint Development Agreements Explained: Structure, Strategy, and Key Considerations

Learn about critical issues that should be addressed when drafting and negotiating a joint development agreement. Topics covered include the parties to a joint development agreement, defining the scope of the parties’ project, deliverables, intellectual property considerations, post-development obligations, risk management, and the winding down of the collaboration. Read now » Related Content Joint...

June 24, 2025

Unlock Efficiency: Customize Our State Law-Compliant DPA for Seamless Data Processing

U.S. state comprehensive consumer privacy laws include requirements for contracts involving data processing with third-party vendors. Save time by adapting this data processing agreement (DPA) for the processing of personal data between a controller and processor/vendor. Read now » Related Content Third-Party Vendor Data Privacy Risk Management Learn legal requirements and best practices for mitigating third...

June 24, 2025

Know the Rules. HIPAA Business Associate Agreement Playbook

The HIPAA Rules generally require that Covered Entities and Business Associates enter into a Business Associates Agreement (BAA) with their Business Associates to ensure that the Business Associates appropriately safeguard protected health information (PHI). This playbook provides guidelines and drafting tips for commonly negotiated provisions in BAAs between a "Covered Entity" (e.g., an employer-sponsored health...

June 24, 2025

If You Build it, Will Lenders Come?

The oil and gas production, transmission, and processing landscape has become more competitive. Fields in Pennsylvania, the Dakotas, Ohio, and even New York require new and innovative ways to transport natural gas from well to processing facility. Any new transportation project will require tens of millions or more in financing. To understand the risks and rewards of taking on this type of project, and how to get financing...

June 24, 2025

Understanding Your Financing Options: Syndicated Lending vs. Private Credit

Ever wondered what the real difference is between syndicated lending and private credit? This quick guide breaks it down for you. Syndicated loans usually involve a group of lenders working together through public markets, while private credit is more of a one-on-one (or small group) setup with nonbank lenders. We’ll walk you through how these financing options stack up—from how deals are structured to the...

June 24, 2025

Guidance on Accepting Cryptocurrency Payments

The CFPB has supervisory authority to ensure that digital payment platforms comply with consumer protection laws. Online businesses and merchants continue to explore accepting cryptocurrency as a form of payment for goods and services. The use of digital wallets by consumers makes the acceptance of cryptocurrency more widespread and impactful for banking organizations. Explore this guidance for key steps and considerations...

June 24, 2025

Helping Providers Stay Compliant: A Legal Checklist for Attorneys

Check out this checklist from Practical Guidance – Healthcare that guides attorneys through key legal and business considerations that healthcare providers need to consider when building a compliance program. This checklist can be used to advise healthcare providers including group practices, hospitals, and healthcare systems. READ NOW » Related Content Compliance Programs for Healthcare Providers...

June 24, 2025

You Thought You Were Covered? That’s Adorable.

Take a strategic look at the high-stakes standoff that unfolds between insurers and insureds when underlying liability claims hit—and everyone pretends it’s someone else’s problem. Read now » Related Content Duty to Defend and Duty to Indemnify Learn about the two major duties that an insurer commits to providing under an insurance policy—the duty to defend and the duty to indemnify...

June 24, 2025

Antitrust Guidance for Intellectual Property Licensing

Read this new practice note by Daniel Swanson and Julian Kleinbrodt from Gibson, Dunn & Crutcher to get up to speed on antitrust risks in intellectual property licensing. Leverage legal strategies for common scenarios faced in licensing intellectual property and adopt an expert approach to avoid running afoul of the antitrust laws in the context of intellectual property transactions. READ NOW » Related Content...