February 13, 2024

Home Health Agency Licensing: State Law Requirements

Rely on Practical Guidance – Healthcare’s State Law Comparison Tool (SLCT) to access state statutes and regulations that govern home health agency licensing. Compare requirements across all 50 U.S. states and the District of Columbia. Quickly download information regarding ownership and management criteria, medical staff availability mandates, and certificate of need and inspection requirements. Advise healthcare...

February 13, 2024

Predicting the Odds: Credit Scoring for Insurance

Learn about reform measures and other credit scoring issues for insurers and policyholders, especially individuals seeking gender affirming care. Read now » Related Content Insurance Underwriting and Rate-making State Law Survey Take a deep dive into provisions across the 50 U.S. states, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands for rating processes and organizations used by insurance...

February 13, 2024

Patent Claims: Drafting Software and Computerized Method Claims

Become familiar with best practices for drafting patent claims to software and computerized method inventions in U.S. utility patent applications. With careful claim drafting, you can minimize the chances of a Section 101 rejection and increase the likelihood of overcoming any Section 101 rejection if you have the appropriate substance and language in the claims and written description to support a rebuttal. Read now...

February 13, 2024

Don’t be Aggrieved about Grievances, Watch our New Collective Bargaining Grievance Video

Do you need to understand best practices for administering a collective bargaining grievance procedure? Watch this collective bargaining agreement grievance procedures video by David Pryzbylski of Barnes & Thornburg, LLP. Watch now » Related Content Grievance Procedures under CBAs: Key Considerations Learn best practices in negotiating grievance provisions in collective bargaining agreements. Good...

February 13, 2024

Monitor FDA Warning Letters and Assess Your Client’s Risk

Bookmark the FDA Warning Letters Tracker, set an Alert, and Stay Informed! Review FDA warning letters issued by the FDA for violations (or potential violations) of the FDCA, FDA regulations, or agency guidance by industry competitors, and identify FDA enforcement trends affecting your clients. Read now » Related Content FDA Warning Letters Video Watch this video featuring Cori Annapolen Goldberg from Reed...

February 13, 2024

You Can’t Guarantee Love, but a Parent Can Guarantee an Affiliate’s Obligations

There are no binding guarantees or third party obligations without an obligor expressly granting such guarantee for another party’s obligations. In M&A transactions, a party may require that a parent company enter into a limited guaranty to guarantee a parent affiliate’s payment for a number of reasons, including (1) when the purchaser party to the acquisition agreement is a newly formed acquisition entity...

February 13, 2024

When Trustees Attack: Fraudulent Conveyance Actions in Private Equity

Fraudulent conveyance actions in bankruptcy often involve large amounts of money and are fought by sophisticated litigants and lawyers before experienced jurists, exposing private equity sponsors and lenders to risk of litigation and loss. A leveraged buyout transaction which results in the purchaser operating a company that is overleveraged, and which has no reasonable prospect of surviving for long, can be held a fraudulent...

February 13, 2024

What’s the Difference between a Commitment and a Title Policy?

Title insurance companies provide a “commitment” specifying the title policy terms and conditions they will issue to an insured. A commitment assures purchasers and lenders of the future title policy they will receive for the pending real property acquisition. Click below for a sample commitment for title insurance. Read now » Related Content Title Insurance Checklist (Owner's Policy Requirements...

February 13, 2024

Come to an Agreement: Benefits of U.S. Income Tax Treaties with Foreign Governments

The United States has signed income tax treaties/income tax conventions with nearly 70 countries. Tax treaties allow U.S. citizens (and sometimes residents) to be taxed at either reduced income tax rates or exempt from taxation altogether on specified income items sourced to the other treaty signator. For example, these treaties typically exempt from taxation in the host country compensation earned by a citizen or resident...

February 08, 2024

Social Media and the Workplace: 6 Key Considerations for Employers

By Bobby Puri | LexisNexis Practical Guidance Social media is a cornerstone of nearly every company’s business strategy. Large platforms such as Facebook, LinkedIn, Instagram, and YouTube offer an opportunity to reach a massive audience of prospective employees and customers. However, social media also presents some serious risks for employers. We’ve all seen cringe-inducing examples of employee misuse...

February 07, 2024

Did You See That? Benchmarking in 401(k) Plans Video

Benchmarking your 401(k) plan is the process of evaluating if the services provided to the plan, its investment and management fees, are competitive with other plans, services, and investments of a similar size or type. It’s prudent for plan sponsors and fiduciaries to benchmark fees and services periodically, maybe annually, against industry standards, including advisory, recordkeeping, and investment fees. Compare...

February 06, 2024

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

Litigation involving prospective wind farm developments isn’t new, but litigation claims and tactics in those matters are constantly shifting. Stay ahead of the litigation curve by reviewing our wind law court rulings tracker, which covers recent nationwide court opinions. This tool can help you spot trends and help your clients prepare for and mitigate against the possibility of litigation. Read now » ...

February 06, 2024

Watch This! Perfection Outside of Article 9

Watch this new video discussing the perfection of security interests in ships and oceangoing vessels; aircraft; intellectual property such as patents, trademarks, and copyrights; and life insurance policies. What ties these asset types together are preemption and conflicts (and coordination) between methods of perfection set forth in Article 9 of the UCC and other state, federal, and international registration systems...

February 06, 2024

OCC Requests Comments on Proposed Rulemaking and Policy Statement on Bank Mergers

The Office of the Comptroller of the Currency’s (OCC) recent proposal , released on January 29, 2024, seeks to update the rules for business combinations involving national banks and federal savings associations, and enhance transparency on the agency’s review process for bank mergers under the Bank Merger Act (BMA). As bank combinations and partnerships are set to increase in 2024, practitioners can explore...

February 06, 2024

Healthcare Compliance Risk Assessment Checklist

Evaluate the thoroughness and effectiveness of your healthcare organization clients’ compliance programs. Scale this checklist—which aligns with guidance provided by the U.S. Department of Health and Human Services Office of Inspector General—for use with large and small organizations alike. Walk your clients through the desired scope of their assessments, their methods for identifying risks, their understanding...

February 06, 2024

Employee or Independent Contractor? It's Complicated

With California fast food worker minimum wages increasing to $20, it is critical to learn about misclassification, and what makes a worker an employee versus an independent contractor. Read now » Related Content Independent Contractor Tests and Risks of Worker Misclassification Learn about the three principal tests used to determine whether a worker is an employee or an independent contractor and when and...

February 06, 2024

What Does “A” Mean?

Does “a” mean one or more than one? One and only one? Learn when courts have construed the indefinite article “a” open-endedly or as a narrowing claim limitation and hear guidance on patent drafting related to the use of the word “a” in patent claims in this video from Tom Irving and Christine Norris of The Marbury Law Group, PLLC. Watch now » Related Content Claim Construction...

February 06, 2024

Office (Chat)ter on the Rise? Watch our New AI in the Workplace Video

Do you need to understand how Artificial Intelligence (AI) is being used across the employment lifecycle, the legislative developments regarding AI in the workplace, and best practices to reduce AI’s potential risks? Watch this AI in the workplace video by Katherine Smith and Emily M. Lamm of Gibson, Dunn & Crutcher LLP. Watch now » Related Content Artificial Intelligence in the Workplace: Best...

February 06, 2024

Chuck the Rodent and Put Your Trust in Our Asset Acquisition Resource Kit

Whether you’re in for six more weeks of winter or an early spring, Practical Guidance’s Asset Acquisition Resource Kit has all of the resources you need to plan, document, and weather your next asset purchase transaction. Read now » Related Content Due Diligence Request List (Asset Purchase Transactions) Build a solid foundation for your asset purchase agreement and disclosure schedules by starting...

February 06, 2024

Real Estate Investors: Learn More About the Corporate Transparency Act

The Corporate Transparency Act (CTA) and its beneficial ownership reporting requirements became effective on January 1st of this year, subjecting a wide range of entities to new Financial Crimes Enforcement Network (FinCEN) reporting requirements. Gain insight on how these rules impact real estate ventures. Read now » Related Content The Corporate Transparency Act and Beneficial Ownership Reporting Requirement...

February 06, 2024

Don’t Count Out Congress! Tax Dealing in the Tax Relief for American Families and Workers Act of 2024

Legislation called The Tax Relief for American Families and Workers Act of 2024 (TRAFA) is intended to spur innovation and economic growth, allowing corporate taxpayers greater deductions in research and development and interest expense. It also would increase the amount of and expand access to the child tax credit through 2025. Is Congress in a position to pass it? Read now » Related Content American Rescue...

February 06, 2024

Federal District Court Enjoins JetBlue’s Acquisition of Spirit

On January 16, 2024, a federal district court in Massachusetts prevented JetBlue from acquiring Spirit Airlines. The court focused on JetBlue’s roots as a maverick, low-cost carrier which provides innovation and downward pressure on prices and how the proposed transaction would greatly increase JetBlue’s size and incentivize it to abandon those roots. Our tracker covering DOJ and FTC merger enforcement actions...

February 06, 2024

Life Is Better with the New DIP Financing Tracker

Practical Guidance now offers a tracker for you to keep up to date on key debtor in possession (DIP) terms and review select DIP credit agreements. The tracker also links to the docket on Courtlink and identifies the docket number for the DIP orders. Don’t forget to set an alert, so you are notified as soon as new DIP credit agreements are added! Read now » Related Content DIP Financing Read this practice...

February 06, 2024

Hoarding Old Documents? Simplify the Clean-up Process Using Our PowerPoint Presentation on Document Retention

Teaching a room full of employees about document retention policy? We’ve made it easier for you with ready-made PowerPoint slides. Read now » Related Content E-discovery: Planning for and Conducting E-discovery (Federal) Find out how to plan and conduct electronic discovery. Preserving Evidence Video (Federal) Watch this video highlighting key issues attorneys should consider when preserving...

February 06, 2024

Private Placements Resource Kit

Before, or in addition to, going public, companies raise capital through offerings exempt from registration, especially via the exemptions available under Regulation D. Use this resource kit to review Practical Guidance’s practice notes, checklists, templates, and clauses to help you get your clients’ exempt offerings off the ground. Read now » Related Content Due Diligence for a Private Offering...