March 26, 2024

Insuring Innovation: Insurance Coverage for Intellectual Property

Check out this IP primer addressing the protection of intellectual property assets with insurance. Our series of IP primers is specially designed for in-house counsel by attorneys at Blank Rome LLP. The primers provide corporate counsel with an overview of intellectual property and best practices for handling intellectual property issues in the corporate setting. Read now » Related Content IP Primer for...

March 26, 2024

Be Responsible: Watch our Video on Responding to Wage and Hour Class Action Complaints

Do you need strategic considerations for deciding how to respond to a wage and hour class and collective action complaint? Watch this complaint response video by attorney Luis Santos of FordHarrison. Watch now » Related Content Answers, Motions to Dismiss, and Other Potential Responses to Wage and Hour Class and Collective Action Complaints Learn steps and strategies for responding to wage and hour class...

March 26, 2024

Exclusive! Marketing Exclusivities for Prescription Drugs

Understand the parameters of non-patent marketing exclusivities for prescription drugs in the United States. Read now » Related Content Hatch-Waxman Safe Harbor Checklist Refer to this checklist when advising pharmaceutical companies about conducting research studies required for FDA approval of a generic drug. Plaintiff's Interrogatories in Hatch-Waxman Patent Litigation Use this template as a...

March 26, 2024

Equity Rollovers: When the Financial Buyer Needs Invested Management

There are instances where a purchaser wants to entice a target company’s key stockholders to continue operating the target business after an acquisition. For example, a private equity investor is acquiring a new company to add to its investment portfolio. One way to sweeten the deal for a target company’s key stockholders is to offer an equity rollover. Or private equity sponsors motivated to retain current...

March 26, 2024

Developers, Don’t Miss Out! California’s “Builder’s Remedy” Is Currently Available and Affordable Housing Projects Are on the Rise

California’s “Builder’s Remedy” blocks cities and counties out of compliance with certain housing laws from denying affordable housing projects based on zoning and/or planning issues. Check out this article to learn how developers are taking advantage of this law to build in impacted locales. Read now » Related Content Los Angeles' Affordable Housing Linkage Fee: Overview Read...

March 26, 2024

Give a Hoot! Learn About Conservation Easements

A conservation easement is a legal agreement between a landowner and an eligible entity that imposes restrictions and/or affirmative obligations on the landowner's property to retain or protect natural or historic resources for the public good. Like a traditional common law easement, a conservation easement is a grant of less than the landowner's entire interest in the property and its terms are binding upon the...

March 20, 2024

Environmental Disclosures are the New Name of the Game in Energy

With the SEC recently releasing its new climate change disclosure rule, it is clear that energy companies of all types have to do more to meet legal requirements for environmental and climate disclosures. Review our environmental protection resource kit to get up to speed on environmental obligations your clients need to meet to stay compliant. Read now » Related Content Energy and Climate Change Policies...

March 19, 2024

New Video! Off-Take Contracts

Watch this new video discussing off-take contracts used in project finance transactions. An off-take contract is a contract under which a third party (the off-taker) agrees to buy a certain amount of the product produced over an agreed upon time period by a project at an agreed price. The product is often a commodity such as oil, gas, minerals, or power. Read now » Related Content Project Finance Resource...

March 19, 2024

Risk Management Requirements for Certain Systemically Important Financial Market Utilities

On March 8, 2024, the Federal Reserve Board issued a final rule for supervised systematically important financial market utilities (FMUs), enhancing risk management standards, as well as safety and soundness. Once published in the federal register, FMUs are required to comply with the provisions within 180 days after publication with few exceptions. Access this practice note to gain an overview of the risk management...

March 19, 2024

Accounting of PHI Disclosures Policy (Hospitals and Health Systems)

Use this template policy and procedure to ensure your healthcare organization clients, and their workforces, comply with all applicable federal and state laws and regulations regarding requests for an accounting of protected health information (PHI) disclosures. Establish general guidelines on how your healthcare organization clients properly address an individual’s right to request an accounting, as well as the...

March 19, 2024

Roof Repairs, Assignments of Benefits, and a Homeowners Bill of Rights: Property Insurance Reform in the Sunshine State

Learn how to help clients implement and account for legislative changes in their Florida business operations. Read now » Related Content Florida Tort Reform: Guidance for Insurance Practitioners Expand your understanding of the sweeping changes that impact negligence litigation in Florida. Homeowners' Insurance Explore the fundamentals of coverage provided to homeowners, including factors involved...

March 19, 2024

Patent Protection for Artificial Intelligence and Machine Learning

Check out this practice note for a discussion of patenting artificial intelligence (AI), machine learning (ML), and related inventions, including an overview of AI and ML, tips for drafting a patent application directed to inventions relating to AI and ML, and trends and strategies for handling the prosecution of such inventions. Read now » Related Content Generative Artificial Intelligence (AI) Resource...

March 19, 2024

Take a Break, Grab Some Popcorn, and Watch our Meal and Rest Breaks Video

Do you need guidance on wage and hour issues related to meal and rest breaks under federal and state law? Watch this video on meal and rest breaks by attorney David Cheng of FordHarrison. Watch now » Related Content Meal Period and Rest Break State Law Survey Review laws governing meal periods and rest breaks for adult and minor employees in 50 states and the District of Columbia. Timekeeping Policies...

March 19, 2024

FinCEN to Investment Advisers: Show Me the Money

A new FinCEN proposal is the latest attempt by the agency to impose anti-money-laundering requirements on investment advisers, with proposals failing to be adopted twice in the last 20 years, in 2003 and 2015. On February 13, 2024, FinCEN released a notice of proposed rulemaking soliciting comments on proposed regulations that would subject registered investment advisers and exempt reporting investment advisers to reporting...

March 19, 2024

Working on a Commercial Sale or Financing Transaction? Brush up on Title Insurance Policies and Surveys

Practical Guidance has state-specific checklists providing step-by-step guidance for obtaining and reviewing owner's and lender's title insurance policies and American Land Title Association (ALTA) surveys. Use this checklist for commercial real estate located in Oregon. See the Related Content below for similar checklists in other jurisdictions. Read now » Related Content Title Insurance and Survey...

March 19, 2024

Riddle Me This? Does What We’re Doing Constitute Non-deductible Lobbying?

The tax code, Section 162(e), prohibits a tax deduction for most lobbying and political expenditures. These include expenditures paid or incurred in connection with (1) influencing legislation; (2) participating or intervening in any political campaign on behalf of (or in opposition to) any candidate for public office; (3) attempting to influence the general public with respect to elections, legislative matters, or referendums;...

March 19, 2024

Pay to Play in Bankruptcy

You represent a secured creditor in a Chapter 11 case. Check out this expertly drafted practice note discussing the concept that a secured lender, as the often-sole beneficiary of the Chapter 11 process and Section 363 sale, should at least pay the costs of the bankruptcy process from the petition date through closing as a matter of fairness. Read now » Related Content Gift Plans Read this practice note...

March 19, 2024

Getting the Most Out of Your Expert Witness

Why use ChatGPT to draft a letter to your expert witness when you can use our new letter template instead? Our federal expert (on experts) includes language for multiple circumstances you might encounter, such as informing the expert about the services to be completed, requesting revisions to previously submitted work, and terminating the expert’s services. Open communication with your expert is key to optimizing...

March 19, 2024

Board Resolutions: Unregistered Offering of Common Stock

One of the most common methods for companies to raise capital outside the registration process is to conduct an offering relying on rule 506 of Regulation D. These board minutes reflect the private placement memorandum, all of the transaction documents, registration rights, the offering, exchange listing, and more. Use this template when you are drafting board resolutions for a client’s private offering of common...

March 19, 2024

Get With the Program!

Expand your knowledge of compliance programs that can be implemented to protect clients from compliance risks associated with their business operations, including the importance and elements of effective compliance programs, due diligence and risk assessment, and the use of data and data analytics in compliance programs. Read now » Related Content Compliance Program Creation Take actionable steps to develop...

March 19, 2024

Don’t Forget to Check the Circular Files During Privacy Compliance Reviews

Businesses seem to face added data security and privacy obligations by the day. As part of your compliance program, don’t forget to review state laws governing disposal of records containing personal information. Our state law survey on data disposal privacy is a great place to start. The survey highlights each state's laws regulating the disposal or destruction of records containing personal information stored...

March 19, 2024

Give a Little Bit. Adding to the Incentive Comp Package with Executive Perquisites

Executive perquisites, particularly at public companies, have received significant attention (much of it negative) over the last several years, resulting in many public companies cutting back on the level of benefits offered. Still, perquisites often are featured in executive compensation packages and there is good reason to reference them in executive employment agreements. Read now » Related Content Fringe...

March 19, 2024

Avoid Due Diligence Boondoggles with Practical Guidance

Due diligence is expensive and time-consuming. It is also a critical step in almost every M&A transaction. Whether you are preparing your initial due diligence request list, drafting a due diligence memorandum for a client, or trying to organize your review of a target business’s material contracts, Practical Guidance has the resources you need to complete due diligence in an efficient and methodical manner...

March 12, 2024

I Need Your Opinion – Is This a True Sale?

Your client asks you to draft a true sale opinion. You don’t know where to start but then you remember that Practical Guidance has a detailed template with guidance, drafting notes, and alternate and optional clauses. Read now » Related Content Non-Consolidation Opinion Use this template when drafting a non-consolidation opinion. Bankruptcy Remoteness in Securitization Read this practice note...

March 12, 2024

Evaluating Outside Counsel with AI

Beware the Ides of March no more! Our expert author offers guidance on how to measure outside litigation counsel’s performance using AI in our new practice note. With AI, you can provide much greater certainty to your client, CEO, or board when predicting the outcome of litigation. The practice note covers tools to expedite and enhance the delivery of legal services, how clients and courts will use these tools,...