March 05, 2024

Record Retention Policy and Procedure

Conform this template policy and procedure document to your healthcare client’s processes regarding the creation, retention, storage, and disposal of records, including medical records. Provide direction to your client’s workforce and ensure your client maintains its records, including protected health information (PHI), in compliance with federal and state regulations and in a way that protects patient confidentiality...

March 05, 2024

Nevada Puts Out the Fire

Learn about the implications of recent Nevada legislation that prohibits burning limits provisions in liability policies. Read now » Related Content Special Issues for Defense Counsel: Defense-Within-Limits Policies and Recoupment of Defense Costs Analyze the issues defense counsel will face under these policies, including tripartite communications, settlement evaluations, balancing multiple defendants subject...

March 05, 2024

Inter Partes at the PTAB

Utilize this template to petition for institution of an inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB). The template includes guidance and drafting notes. Read now » Related Content Patent Owner's Preliminary Response to Petition for Inter Partes Review Find guidance for challenging the grounds asserted in a petition for IPR and accelerate your drafting with this preliminary...

March 05, 2024

Blast from the Recent Past: Check out the 2023 Key Legal Development Tracker

Do you need to understand the most impactful 2023 L&E legal changes at the federal, state, and local levels? Review our Labor & Employment Key Legal Developments Tracker Archive (2023). Read now » Related Content Labor & Employment Key Legal Development Tracker (Current) Labor & Employment Key Legal Development Tracker Archive (2022) Labor & Employment Key Legal Development Tracker...

March 05, 2024

Don’t Skip the Boilerplate Provisions: More Than Miscellaneous

Practitioners may overlook the boilerplate provisions found in an acquisition agreement under a “Miscellaneous” article heading. But these provisions are more than just standard provisions, and they warrant specific attention to detail and negotiation. The parties may want to consider alternative dispute mechanisms; mediation requirements; jury trial waivers for appropriate jurisdictions, including certain...

March 05, 2024

Need to Offset Rent?

Looking to increase cashflow and profit margin? Consider subleasing all or a portion of the leased premises to subtenants. Use this sublease agreement for commercial tenancies in Michigan. See the Related Content below for additional sublease resources. Read now » Related Content Sublease Agreements Learn the key components and common negotiating and drafting issues for sublease agreements. Sublease...

March 05, 2024

I Don’t Even Recognize You! Partnership Disguised Sales

Sometimes things aren’t what they seem. Take disguised sales in partnerships and other flow-through entities. A disguised sale occurs when a partner supposedly contributes property with a built-in gain to a partnership and then immediately, or a short time thereafter, receives a related distribution. The outright sale of the property would normally result in the taxation of the built-in gain while the alleged contribution...

February 27, 2024

FTC Checks up on the Health of Competition in Healthcare

FTC Chair Lina Khan told a conference of the American Medical Association on February 14, 2024, that the healthcare market is under the microscope in the Commission’s push for greater competition across the economy. Recent efforts by the FTC in this space include requesting public comment on how powerful “middlemen” in the generic drug market may contribute to shortages of these drugs. The agency also...

February 27, 2024

Madoff Litigation Keeps on Going

In 2021, the U.S. Court of Appeals for the Second Circuit revived litigation in the Madoff case filed by the trustee seeking to recover hundreds of millions of dollars in allegedly fraudulent transfers made to former Madoff Inv. Sec. LLC’s customers and certain other defendants as part of the Madoff Ponzi scheme. Check out this expertly drafted article discussing a recent decision in the U.S. Bankruptcy Court for...

February 27, 2024

File That Motion! Leap Ahead This Leap Year

Let’s take this year’s extra day as a sign to file that motion that’s been hanging over your head. Civil Litigation has the resources to make leaping over opposing counsel as painless as possible. We worked with a federal judge on tips and strategies for how to both navigate applicable motion rules and successfully undertake your role in the motion practice process. Check out the practice note by clicking...

February 27, 2024

Management Due Diligence Questions (Development-Stage Pharmaceutical Company)

The most robust due diligence disclosures are keyed to the company’s industry, stage of growth, and other particular circumstances. Pharmaceutical companies operate in a highly-regulated space, while development-stage companies in that industry face high costs of entry and often a lack of familiarity with the details of the approval process for their products. Use this template as a basis for getting the information...

February 27, 2024

Collaborative Project Delivery Methods: New Models Aim to De-risk North America's Heavy Civil Infrastructure Markets

Major design-build projects have been in the news over the past few years for the wrong reasons. From the I-4 Ultimate in Florida to the Purple Line in Maryland (procured through a public-private partnership), to another Purple Line on the West Coast, in Los Angeles (where Skanska is suing LA Metro for nearly $2 billion in damages), major heavy civil projects procured through design-build have been problematic in nearly...

February 27, 2024

Do Your Due Diligence and Minimize Third Party Risk

Learn about conducting risk-based due diligence associated with third parties in commercial transactions, including establishing due diligence protocols, identifying red flags, monitoring and managing due diligence assessments, and applicable laws involving third-party risks and activities. READ NOW » Related Content Advantages of Implementing a Legal Compliance Program Understand the principal advantages...

February 27, 2024

Don’t Miss This One-Stop Shop for Data Breach Notification Resources

Proper data breach notification is essential. Save time and ensure compliance with this new resource kit including practice notes, templates, checklists, trackers, and state law surveys discussing best practices for planning for and managing a data breach, state and international requirements for data breach notification, industry-specific data breach requirements, and data breach-related litigation and enforcement. ...

February 27, 2024

To Be an Independent Contractor or Not to Be an Independent Contractor; That is the Question

The U.S. Department of Labor (DOL) has released its long-anticipated final rule which revises the standard for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act. The change will impact employee benefits if employers recharacterize an individual’s working status. The final rule is written to take effect on March 11, 2024, likely amidst legal challenges. Be...

February 27, 2024

Be Careful. It’s Private!

Are you working with a borrower that is subject to securities laws and regulations? Be sure to protect any confidential information you may come across as you negotiate your transaction. Learn how to comply with Regulation FD and the actions you must take to comply with all relevant laws and regulations. READ NOW » Related Content Commitment Letter (Fully Underwritten Commitment) Check out this template...

February 27, 2024

Basel III Endgame Proposal – Key Considerations

Rulemaking to implement the final components of Basel III (Basel III endgame) and the Federal Reserve Board’s GSIB surcharge is expected in 2024. The federal bank agencies proposed rules to strengthen capital requirements for large banks in 2023. Basel III endgame proposed rules will, if passed, modify large bank capital requirements to effectively cover underlying risks and increase the measurement of credit, market...

February 27, 2024

Patient Transfer Policy: Intra-Facility

Include this template policy and procedure in your compliance library. Adopt safe and efficient practices regarding the transfer of patients within your hospital or healthcare facility. Ensure patient safety and continuity of care. Establish a standardized approach for patient transfers that uses best practices, minimizes risks, and maintains the well-being of patients throughout the process. Promote effective communication...

February 27, 2024

Florida Brings Sweeping Changes to Negligence Litigation

Guidance for plaintiff’s attorneys, defense counsel, and ancillary parties on the important aspects of Florida’s new tort reform package. READ NOW » Related Content Contributory vs. Comparative Negligence State Law Survey Study the doctrines that courts across the nation use to determine fault and relative percentages of fault, including the “modified comparative negligence” rule...

February 27, 2024

Copyright Confidence: Prefiling Considerations in Copyright Litigation

Review a quick reference checklist for prefiling considerations in a copyright litigation. This checklist covers available claims, court expertise, applicable rules, representation, proper parties, personal jurisdiction and venue, timing, the registration requirement, and the statute of limitations. Read Now » Related Content Pre-suit Considerations in Copyright Litigation Learn about the issues plaintiff's...

February 27, 2024

Been Caught Stealing: Filing a Complaint for Trade Secret Misappropriation and Restrictive Covenant Breach

Are you prepared to counsel employers on key trade secret protection issues, including filing a complaint against former employees for trade secret misappropriation and restrictive covenant breach? Read our newly published Complaint (Restrictive Covenant Breach and Trade Secret Misappropriation) . READ NOW » Related Content Trade Secrets Act (DTSA) and Other Legal Claims and Recourse to Protect Employers’...

February 27, 2024

Responding to Adverse FDA Determinations

Learn how to contest adverse FDA administrative decisions, with strategies for obtaining a final agency decision that can be challenged in court, overcoming agency deference challenges, and selecting a jurisdiction. READ NOW » Related Content FDA Form 483 Inspectional Observations: Best Practices for Responding Video Watch this video for practical guidance on responding to FDA Form 483 inspectional observations...

February 27, 2024

It’s Not Me, It’s You: Terminating the Acquisition Agreement

Despite the time, money, and effort that parties to an M&A transaction put into preparing and negotiating their definitive acquisition agreement, sometimes things just don’t work out! Whether there were (anti) trust issues, a letdown with a bring down (condition), or one party just isn’t ready to commit, break things off the right way with Practical Guidance’s new acquisition agreement termination...

February 27, 2024

Water Rights: Don’t Water Them Down!

Developers and purchasers should evaluate the laws pertaining to water rights to determine whether a proposed piece of land or property suits their needs. Use this water rights checklist to identify best practices and considerations to incorporate into the planning process for purchasing real property in New York. For a similar checklist in other jurisdictions, refer to the Related Content below. READ NOW » ...

February 27, 2024

Let’s Partner on That. Understanding Tax Aspects of Partnerships and other Flow-through Entities

Because partnership tax items generally flow directly to partners/LLC members, and do not remain with the entity, certain transactions at the entity level can result in tax consequences that the Internal Revenue Code never intended. Consequently, the federal tax code appropriately limits and restricts the unintended tax effects of these inappropriate transactions. READ NOW » Related Content Pass-Through...