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February 20, 2024

Partnering with In-house Counsel on Insurance Defense Matters

Working with in-house counsel? Our expert authors have a new practice note for you on partnering with in-house counsel on insurance defense matters. Make sure to consult it if you are representing a corporate entity where insurance coverage is available. Check out this guidance by clicking the link below. Read now » Related Content Partnering with In-House Counsel on Positioning Claims for Settlement Consider...

February 20, 2024

Due Diligence for Securities Offerings Resource Kit

The due diligence process is a long, detailed, and critical part of conducting an offering. Diligence counsel must surface all material information via requests, interviews, and a considerable amount of document review. Use this resource kit to surface templates, checklists, practice notes, and more to help you plan, perform, and draft documents for the due diligence part of a securities offering. Read now » ...

February 20, 2024

Have You Reached your (Liability) Limit?

Check out this short video to learn more about important terms and considerations counsel should address when drafting or negotiating a limitation of liability clause in a commercial agreement. Watch now » Related Content Indemnification Provisions in Commercial Contracts Read about the use of indemnification provisions as a risk allocation tool in commercial contracts. Indemnification and Limitation...

February 20, 2024

New! Artificial Intelligence Legislation Tracker (2024)

Stay in touch with legislative trends in artificial intelligence (AI) with this tracker, including state and federal legislation related to the use of AI proposed after January 1, 2024, or proposed in 2023 with activity in 2024. Read now » Related Content Generative Artificial Intelligence (AI) Resource Kit Check out our current Practical Guidance content on generative AI, organized by practice area and...

February 20, 2024

Testing-Testing 1, 2, 3: ADP/ACP Testing is Still a Thing!

All qualified plans, including 401(k) plans, must comply with the nondiscrimination standards of the Internal Revenue Code which prohibit discrimination, in benefits or contributions, in favor of highly compensated employees. 401(k) plans have a special nondiscrimination test, prohibiting the highly compensated group from getting (or making) greater contributions (usually by percentages) in elective contributions, matching...

February 20, 2024

Solar Law Court Rulings Tracker Allows You to Stay Ahead of the Litigation Curve

Litigation involving prospective solar farm developments isn’t new—especially as solar projects get smaller and move to the community and local level. But litigation claims and tactics in those matters are constantly shifting, and are often based on local zoning and other ordinances. Stay ahead of the litigation curve by reviewing our solar law court rulings tracker, which covers recent nationwide court opinions...

February 20, 2024

The ABCs of SLLs

Review this new practice note discussing recent market trends in publicly-filed sustainability-linked loans (SLL). SLL provisions provide an incentive to borrowers (generally in the form of lower interest rates) for hitting predefined green targets, such as decreasing greenhouse gas emissions, as part of an overall environmental, social, and corporate governance program. Read now » Related Content Environmental...

February 20, 2024

U.S. Agencies Issue Principles for Climate-related Financial Risk Management

Recent interagency guidance provides a framework for the risk management of climate-related financial risks for large financial institutions with over $100 billion in total consolidated assets. Explore this article addressing the federal banking agencies’ six key principles and recommendations to address climate-related financial risks for large financial institutions. Read now » Related Content Climate...

February 20, 2024

GINA Compliance for Welfare Plan Sponsors

Advise your clients on compliance issues under the Genetic Information Nondiscrimination Act of 2008 (GINA), Pub. L. No. 110-233, for employer welfare plans, specifically group health plans and wellness programs. Ensure individuals are protected against discrimination in health insurance coverage and employment based on their genetic information. Get up to speed on key definitions and concepts under GINA, review the prohibitions...

February 20, 2024

Getting Out of Dodge: Guiding Insurers on Withdrawing from California

Analyze the market-driven, climate-related, and regulatory reasons for insurers' flight from California. Read now » Related Content The Impact of Climate Change on Workers and Employers: The California Experience Gain insight from the Hon. Susan V. Hamilton on how climate change is relevant to work and workers’ compensation, the more direct impact of climate change upon California workers, and...

February 20, 2024

Whose Patent Venue Is It Anyway?

Check out these data-driven analytics to help you compare four of the most popular district courts for filing patent infringement complaints, based on each court’s overall experience with patent cases as well as recent motion to dismiss and motion for summary judgment outcomes. Read now » Related Content Venue Rules and Practice for Patent Infringement Litigation Learn how to establish proper venue...

February 20, 2024

Settle Down or Up: See Our Private Market Discrimination Settlement Analysis

Are you interested in trends concerning settlements resolving employment discrimination, harassment, and retaliation claims in 2022 and 2023? Read our Market Intelligence: Labor & Employment Insights Revealed in the Practical Guidance Private Market Data Survey. Read now » Related Content Settlement Agreements: Initial Assessment, Drafting, and Negotiating Techniques (Pro-Employer) Understand material...

February 20, 2024

Prevent Exposure with Disclosure: Preparing Schedules to Acquisition Agreements

Disclosure schedules are a vital component of the acquisition agreement documenting the purchase and sale of a company. They play a pivotal role in the due diligence process and serve as a mechanism facilitating the allocation of risk between the parties. Considered part of, and incorporated by reference into, the acquisition agreement, disclosure schedules work in tandem with the representations and warranties, uncovering...

February 20, 2024

New State Law Comparison Tool Topic: Manufactured Homes

Practical Guidance’s State Law Comparison Tool (SLCT) provides a way to compare laws on many topics, including our newest topic, manufactured homes. Access our SLCT and generate a quick report on manufactured home laws across multiple states! See the Related Content section below for manufactured homes practice notes for some of the jurisdictions we have in Practical Guidance. Read now » Related Content...

February 20, 2024

Here’s Some Travel Money, but Don’t Keep the Change

Completing your employer’s business travel reimbursement form isn’t a fun task—but think of the alternatives. Failing to do so naturally means you won’t get reimbursed. But what if your employer advances you the money instead? Failing to account for that in a reasonable amount of time can mean that the reimbursement is treated like wages. You wouldn’t want that either. Take a look at the...

February 20, 2024

Take a Trip Back in Time to 2023!

As we tackle this new year, we should remember the not-so-distant past of 2023. Check out this expertly drafted article looking back on 2023 bankruptcy cases and notable bankruptcy rulings. Read now » Related Content Cure and Reinstatement of Defaulted Loan Under Chapter 11 Plan Requires Payment of Default-Rate Interest Read this article about a recent bankruptcy case addressing the rate of interest to cure...

February 13, 2024

Don’t You Forget About Me: Equity Committees in Bankruptcy

You represent a large equity holder in the debtor’s Chapter 11 bankruptcy case. You spent hours consulting with your client and its financial advisors, and quickly determined the debtor may not be insolvent. You need to advise your client on whether to seek the appointment of an equity committee. What are the relevant factors? Read now » Related Content Ad Hoc and Other Committees See this discussion...

February 13, 2024

Let GenAI Write Your Valentines

Actually, no, definitely don’t do that. But if you are looking for information on how to use GenAI in civil litigation, we have a GenAI Resource Kit for you. Included you’ll find our comprehensive practice notes, annotated templates, and checklists. Check it out at the link below! Read now » Related Content Generative AI Use Clause (Federal) Use our template to comply with judge-specific requirements...

February 13, 2024

Greenwashing Trends and Risks

Greenwashing, or the misrepresentation by companies of the environmental impact of their business, products, or services, has been the subject of considerable backlash. It has come in the form of class action lawsuits, shareholder activism, and regulation by states and federal agencies. Read this practice note for a rundown of greenwashing litigation issues and practical tips to minimize exposure. Read now » ...

February 13, 2024

New State Law Survey: Construction Claim Statute of Limitations and Statute of Repose

Understanding the relevant statute of limitations and statute of repose is essential when bringing a construction claim. Access construction statutes of limitations and repose across all 50 states and the District of Columbia. Read now » Related Content Design and Construction Defect Claims: Overview and Defense Strategies Read this practice note for tips on defending design and defect claims. Warranties...

February 13, 2024

Learn about Your Duty Not to Dump ... Imported Goods in the United States

Learn how interested parties can seek relief from the U.S. Department of Commerce and the U.S. International Trade Commission regarding allegations that a domestic industry is being injured by imported goods being imported into the United States at prices that are below the value and/or cost of production of the goods. Read now » Related Content Antidumping and Countervailing Duties: Post-order Proceedings...

February 13, 2024

Keep Cracks Out of Your Privacy Foundation

Check out this overview, by Wilmer Hale‘s attorney experts, of how commercial privacy issues are regulated in the United States, providing privacy professionals with a strong foundation of these issues and a starting point on how to evaluate data privacy compliance obligations for their organizations. Read now » Related Content First-Year Associate Resource Kit: Data Security and Privacy Review this...

February 13, 2024

Using AI in 401(k) Administration and Governance

Artificial intelligence (AI) is poised to transform the benefits team experience. Beyond an AI administrative assistant guiding employee decision-making, generative AI has clear potential to be a strategic partner to companies and benefits teams, deciding what benefits, strategies, designs, and investments to offer. Learn more by watching this video on what’s-in-store for the future. Watch now » Related...

February 13, 2024

Is Your Client Secure?

Do you need a refresher on how to properly secure your client’s security interests in collateral under the UCC? Doing so will make sure that your client is properly perfected. This resource kit makes all our information available at your fingertips! Read now » Related Content Article 9 Scope, Choice of Law, and Priority Rules Read this practice note to understand the types of collateral and transactions...

February 13, 2024

NEW! State Law Comparison Tool Topic: Mortgage Servicing Fees

Practical Guidance now offers a Mortgage Servicing Fees topic in the FSR state law comparison tool. The topic explores the statutory fee requirements in fifteen key U.S. states, with more coming soon​. This question and answer series provides guidance on permissible mortgage servicing fees for institutions. Practitioners can access the tool to gain an understanding of regulatory requirements on disclosures and statutory...