February 06, 2024

Watch What You Say ... in Florida

Expand your knowledge about pleading and establishing a defamation claim in a commercial dispute in Florida, including the elements of a defamation claim, the different types of defamation, available damages for successful claims, and the time in which a claim must be asserted under Florida law. Read now » Related Content False Statements, Defamation, and Trade Libel Read an overview of the key elements...

February 06, 2024

Stay Current on 2024 State Consumer Privacy Legislation

Set your alert for the newest privacy legislation tracker highlighting key comprehensive privacy bills introduced and/or actively pending at the state level as of January 1, 2024. Reviewed weekly, this tracker’s scope is omnibus privacy legislation governing the collection and use of consumer personal information by private entities. Read now » Related Content Biometric Privacy State Legislation Tracker...

January 30, 2024

Bankruptcy Timelines, Charts, and Presentations

The Practical Guidance bankruptcy practice area contains a wide array of resources, including timelines, charts, presentations, trackers, videos, and the state law comparison tool (in addition to numerous practice notes, templates, clauses, and checklists). Check out this resource kit assembling this unique Practical Guidance bankruptcy content. Read now » Related Content Bankruptcy Practice Fundamentals...

January 30, 2024

Handling Settlement Snags: It Ain’t Over Til It’s Over

You may think that you’ve finally extricated yourself from a case when something comes along that threatens to blow the whole thing up. Don’t despair, and check out our settlement resource kit. Read now » Related Content Settlement Fundamentals and Tactics (Federal) Discover how to negotiate and finalize a settlement. Pre-suit Settlement Considerations Checklist (Federal) Learn how to negotiate...

January 30, 2024

Recent SEC Cybersecurity Disclosure Requirements

Cybersecurity incidents have increased in frequency and severity in recent years and the SEC has responded by mandating disclosure of material cybersecurity incidents in periodic disclosures. Use this checklist as a guide to the recent SEC rulemaking that augments and standardizes disclosures regarding cybersecurity risk management, governance, and incident reporting. Read now » Related Content Cybersecurity...

January 30, 2024

Construction Arbitration: When and Why Does it Make Sense?

The construction industry favors arbitration as a forum for dispute resolution because arbitration often, but not always, yields a quicker and less expensive resolution of disputes. However, certain construction disputes are not appropriate for arbitration. Read now » Related Content Construction Arbitrator Selection: a/k/a "I Have an Arbitration Provision in My Construction Contract—Now What...

January 30, 2024

Unless you are experiencing a force majeure event, you should watch this video!

Learn about the use of force majeure clauses in commercial contracts, including issues to address when drafting a force majeure clause, what events should be included as a force majeure, and the parties’ rights and obligations should there be a force majeure event. Watch now » Related Content Force Majeure Clause Drafting Read about force majeure clauses and issues to consider when drafting such clauses...

January 30, 2024

Do You Have a Good (Incident) Response? Get Visual

Every day, numerous organizations experience data security incidents of varying scope and complexity. Sometimes the incident can be as straightforward as inadvertently sending an email to the wrong individual. Other times, the incident can be more complicated where workstations are encrypted, and business is shutdown. No matter the complexity of the data security incident your organization experiences (or suspects it...

January 30, 2024

Yours, Mine, or Ours? When Retirement Plans Split Up

Plan mergers and spin-offs are common prequels or sequels to corporate transactions. The mechanics of combining plans, splitting them, or transferring assets and liabilities between plans are wrought with complications. How to handle plan loans? Is the investment line-up changing? What about the treatment of employer securities? Will a blackout notice be required? Learn more about what you know and may not already know...

January 30, 2024

Usury Savings Clause and Opinions Video

Watch this new video discussing how lenders can minimize the risks posed by usury laws. Usury laws limit the amount of interest lenders can collect on their loans. Penalties for making loans in excess of this amount include the loss of interest payments and, in extreme cases, principal. Unfortunately for lenders, it is not so easy to assess what constitutes interest because it can also include any fees, expenses, and...

January 30, 2024

Securities Question Stands After Contradicting Crypto Rulings

At the start of 2024, it remains to be determined whether U.S. securities laws apply to cryptoassets. In the absence of rulemaking by the Securities Exchange Commission (SEC), what makes a security is still an open question in the financial industry. Explore this Law360 article, expertly drafted by Michael Robotti, Celia Cohen, and Nathaniel Botwinick of Ballard Spahr LLP, for key insight into the U.S. District Court...

January 30, 2024

Licensing Requirements for Professional and Practical Nurses

Access the State Law Comparison Tool from Lexis Practical Guidance – Healthcare, Nurse Licensing (Professional and Practical) Topic, to identify and compare the licensing requirements for both professional (or registered) nurses (RNs) and practical nurses (LPNs) in each of the 50 states plus the District of Columbia. Get links to applicable statutes and regulations. Answer questions regarding responsible state agencies...

January 30, 2024

Crime, War, and Extortion: Ransomware for Policyholders

Learn how to use different insurance types to expand ransomware coverage beyond the typical cyber policy. Read now » Related Content Ransomware Insurance Coverage Considerations When Loss Includes Fines and Penalties Discover how various kinds of insurance may respond when the broad range of losses from a single ransomware incident turns an insured from a victim with first-party losses to a potentially liable...

January 30, 2024

Loading . . . Computer Hardware Short Term Loan Agreement

Review a template providing for the loan of a computer system consisting of computer hardware, software, and documentation. Understand key provisions relating to the delivery and risk of loss, charges and taxes, warranties, and licensed software. Read now » Related Content Computer Hardware Sales Agreement Use this template agreement for the sale of computer hardware. Understand the rights and obligations...

January 30, 2024

Learn the ABCs of EEOC Investigations

Do you need to understand how the U.S. Equal Employment Opportunity Commission (EEOC) conducts investigations of employers and the potential outcomes of such investigations? Watch this EEOC investigations and determinations video by Amanda Brown of Reed Smith LLP. Watch now » Related Content EEOC Systemic and Individual Discrimination Investigations and Litigation Learn how to effectively represent an employer...

January 30, 2024

Let’s Get Real: Real Estate Provisions in Corporate and M&A Transactions

Often an M&A transaction will include real estate assets as part of the deal. While real estate specialists may weigh in on the purchase agreement, it will ultimately be up to M&A counsel to understand and ensure that any real property issues are adequately addressed in the definitive document. Check out this practice note discussing key real estate provisions typically found in M&A transaction agreements...

January 30, 2024

Digital Health Product Regulation

This practice note explains the FDA's regulatory framework for artificial intelligence/machine learning (AI/ML) devices and the FDA's Final Guidance on clinical decision support (CDS) software. Read now » Related Content Five Tips for Bringing a Complex Digital Health Product to Market Learn how to have a successful product launch for a complex digital health product. FDA Medical Device Regulatory...

January 30, 2024

Owner’s Affidavit: Representations and Warranties to the Title Company

Title insurance companies may request an owner's affidavit when transactions involve transferring or refinancing real property. An owner’s affidavit typically contains representations and warranties by the property owner providing the title insurance company with information needed to delete certain standard exceptions from the title insurance policy. Check out this owner’s affidavit template, which includes...

January 30, 2024

Lookin’ Out My Back Door—Survey of State Individual Income Tax Rates

Taxes are hard to avoid! More than 40 states levy individual income taxes which, with state corporate income taxes, and sales and use taxes, comprise the major source of most state government revenues. Like the federal income tax, individuals are responsible for self-reporting by filing their state individual income tax returns (with state withholding and W-2 information return requirements applying to employers), generally...

January 23, 2024

You Did What?? No Discharge for You!

The discharge is an order entered at the conclusion of a bankruptcy case that releases the debtor from liability for certain debts that, under the Bankruptcy Code, are dischargeable in bankruptcy. The discharge can be revoked when, among other things, the discharge was obtained by fraud. Check out this template complaint to revoke the discharge of a Chapter 13 debtor. And see the related content below for revoking a discharge...

January 23, 2024

Which Courts Make You Disclose AI Use: AI Rules Tracker

Check out our new Generative Artificial Intelligence (AI) Federal and State Court Rules Tracker which identifies and links to various individual rules and standing orders, and summarizes the requirements for those courts. Read now » Related Content Generative Artificial Intelligence (AI) Resource Kit Get an overview of current Practical Guidance content, including all practice notes, checklists, and templates...

January 23, 2024

Periodic and Current Reporting Resource Kit

Although winter temperatures have dropped, public company counsel can look forward to marking the arrival of spring when their clients file their annual reports on Form 10-K. There is still much to do before that point, so take a look at the practice notes, checklists, templates, and clauses available in this resource kit to help you get these filings, as well as upcoming 10-Qs and any 8-Ks, ready by then. Read now...

January 23, 2024

New Video on the Foreign Corrupt Practices Act

Watch this video to grow your knowledge of the Foreign Corrupt Practices Act (FCPA), including its anti-bribery and accounting provisions, parties subject to the FCPA, prohibited activities under the FCPA, and liability for violations of the Act. Watch now » Related Content Foreign Corrupt Practices Act (FCPA) Read an overview of the FCPA and issues related to its applicability. Foreign Corrupt Practices...

January 23, 2024

Colorado Attorney General Publishes First Approved Universal Opt-Out Mechanism: Client Alert Digest

The Colorado Attorney General has approved and published the Global Privacy Control, the first Universal Opt-Out Mechanism (UOOM) that meets Colorado Privacy Act (CPA) regulations. Check out this client alert for more information and links to law firm client alerts discussing this event. Read now » Related Content Strategies for Developing a Multistate Privacy Compliance Program Learn how to build a privacy...

January 23, 2024

What’s That New Deduction in My Paycheck? Dealing with New 401(k) Auto-Enrollment Rules

For plan years beginning on or after January 1, 2025, most cash or deferred arrangements (e.g., 401(k) plans and 403(b) plans) established after the SECURE 2.0 Act’s enactment date will be required to have an automatic enrollment feature. Such plan features automatically enroll all eligible employees at described deferral rates and absent any contrary instructions from the employee, provide for a continuing elective...