January 23, 2024

Energy Companies Face Re-Regulation on Environmental Matters Under the Biden Administration

Since the early days of the Obama Administration, there has been a dramatic back-and-forth shift in environmental regulation as it affects energy companies. The Obama Administration instituted new and more strict environmental regulations, many of which the Trump Administration reversed. Indeed, the Trump Administration used environmental deregulation as a campaign pledge. Once President Biden came into office in 2021...

January 23, 2024

New Video! Environmental Due Diligence

Check out this new video discussing environmental due diligence issues in lending transactions. The ever-growing number of environmental laws has dramatically affected the way lenders perceive environmental risks. The impact of such laws has generally given rise to a more stringent approach by lenders in addressing environmental risks in financing transactions. Read now » Related Content Environmental Due...

January 23, 2024

Guidance on Accepting Cryptocurrency Payments

Online businesses and merchants continue to explore accepting cryptocurrency as a form of payment for goods and services. The use of digital wallets by consumers makes the acceptance of cryptocurrency more widespread and impactful for banking organizations. Explore this guidance, written by Joanna F. Wasick and Lauren Bass of BakerHostetler LLP, for key steps and considerations that businesses should analyze before integrating...

January 23, 2024

Adopting a Financial Assistance Policy for Your Hospital or Health System

Expand your healthcare organization’s compliance program library with this template from Lexis Practical Guidance – Healthcare. Define your hospital or health system’s eligibility criteria and application process for patient financial assistance to ensure your organization complies with federal laws, including Internal Revenue Code § 501(r)(4), requiring that tax-exempt, non-profit hospitals and...

January 23, 2024

Ransomware Insureds in the Regulatory Crosshairs: Coverage for Fines and Penalties

Discover how various kinds of insurance may likely 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 wrongdoer under regulatory scrutiny. Read now » Related Content Cyber Insurance Coverage for Ransomware Events Review key insurance coverage implications for ransomware losses under stand-alone cyber insurance...

January 23, 2024

Manage Marks Like a Pro: Trademark Portfolio Protection & Enforcement

Dive into a comprehensive guide on creating, maintaining, enforcing, and defending your portfolio of trademarks and service marks. This practice note discusses the need for regular trademark audits; trademark clearance searches and registration; steps to address trademark infringement, counterfeiting, and other unauthorized uses of your trademarks; and trademark maintenance, renewal, and recordation. Read now »...

January 23, 2024

Six Degrees of Davis-Bacon: Watch Our Davis-Bacon Act Current Awareness Video

The Davis-Bacon Act (DBA) requires contractors/subcontractors working on federally funded contracts to pay their laborers no less than the local prevailing wages. Do you need to understand the U.S. Department of Labor's new DBA rules? Watch this current awareness video by Timothy Taylor of Holland & Knight LLP. Watch now » Related Content Davis-Bacon Act: Key Guidance for Employers Learn how to advise...

January 23, 2024

Start Spreading the News! New York M&A Resource Kit is Hot Off the Press

Your client is a New York corporation, and it intends to strategically acquire another New York company. After browsing your document management system, you confirm your templates are all based on the typical jurisdiction of choice—Delaware law. The parties want to move quickly on this transaction, and time is truly of the essence. Use templates from Practical Guidance to quickly deliver to your client a set of...

January 23, 2024

Benchmarking and Transparency Methods for Increasing Energy Efficiency

More states, counties, and cities are establishing energy benchmarking and transparency requirements for public, commercial, and multifamily buildings to encourage energy efficiency. For example, California requires that owners of certain building types provide annual energy consumption reports. Check out this energy usage reporting and disclosure clause that may be included in California commercial leases to obtain tenant...

January 23, 2024

Do You Have to Check Everything? IRS Adjustments to Intercompany Lending Transactions

The IRS Office of Chief Counsel recently considered consolidated group membership in determining the arm’s length rate of interest chargeable for intragroup loans and making a section 482 adjustment. Under the section 482 regulations, the arm’s length rate of interest on an intragroup loan to a controlled borrower is generally the rate at which that borrower could realistically obtain alternative financing...

January 16, 2024

No Patience for the Patient Care Ombudsman

The Bankruptcy Code mandates the appointment of a patient care ombudsman when a health care business files a Chapter 7, Chapter 9, or Chapter 11 case unless the bankruptcy court concludes that the appointment is unnecessary to protect patients under the circumstances. Check out this expertly drafted article about two cases where the bankruptcy court found that the appointment of a patient care ombudsman was not necessary...

January 16, 2024

Dealing with Difficult Attorneys

Your adversary’s rudeness or obstructionism could be their natural behavior or a calculated strategy to make your job more difficult. Either way, you must deal with this misconduct to protect your client’s interests. Read now » Related Content E-discovery: Planning for and Conducting E-discovery (Federal) Learn how to plan and conduct electronic discovery (e-discovery). This practice note covers...

January 16, 2024

Regulation FD Applicability Checklist

Regulation FD broadly requires companies to make prompt public disclosures when they reveal material nonpublic information to select parties. Use this checklist as a quick review before the company holds a meeting with broker-dealers, holders of company securities, investment advisers, or others covered by the rules. Read now » Related Content Regulation FD Training Presentation Materials Keep the board...

January 16, 2024

Lien Waivers: Everything You Need To Know

In all 50 U.S. states, certain contractors, subcontractors, sub-subcontractors, materialmen, and service providers are entitled to place a mechanic's lien on real property where they performed work and/or provided supplies. To protect themselves against mechanic's liens, project owners often require potential lien claimants to provide lien waivers and releases as they complete and are paid for work on a project...

January 16, 2024

Reasonable Security Measures, WISPs, and More

Check out this state law survey for jurisdictional guidance on data security requirements generally applicable to private entities that collect or maintain personal information, including data and entities covered, security measures required, and penalties. Read now » Related Content Data Security Requirements - State Law Comparison Tool Navigate to the Data Security Requirements topic in our State Law Comparison...

January 16, 2024

Is Your Plan Data Secure? Dealing with Cybersecurity Concerns as a Plan Fiduciary

The ever-increasing amount and sophistication of internet crimes targeting employee benefit plan data and assets has led to increased concern among ERISA fiduciaries who anticipate the consequences raised by cybersecurity threats and their preparedness in the context of DOL plan audits and litigation by affected plan participants. ERISA fiduciaries have had to become more informed and proactive in the information technology...

January 16, 2024

Geopolitical Risk Trends for Cross-Border Investors

Read this new practice note by Anthony Rapa , Blank Rome LLP, providing an overview of geopolitical risk trends impacting cross-border investors. This note discusses foreign direct investment review mechanisms, such as review by the Committee on Foreign Investment in the United States, economic sanctions laws, export controls, proposals to regulate outbound investment, and supply chain security requirements. Read now...

January 16, 2024

Corporate Transparency Act Regulations and Guidance Tracker

The Corporate Transparency Act (CTA) beneficial ownership information reporting began on January 1, 2024. CTA requires companies that are formed or registered to do business in the United States to file a beneficial ownership report with the Financial Crimes Enforcement Network (FinCEN). FinCEN reporting is among key regulatory examination priorities for 2024. Access this tracker for a summary of relevant FinCEN proposed...

January 16, 2024

Regulatory Considerations When Acquiring Physician and Healthcare Practices

Review regulatory considerations as part of your due diligence before engaging in the acquisition of a physician or healthcare practice. Learn how federal and state laws impact purchasers, including practice management companies, hospitals, and physicians and physician groups, relating to acquisitions of certain types of practices, including hospitals, ambulatory surgery centers, and dialysis facilities. Get insight from...

January 16, 2024

Duty to Defend Video Series: Right to Independent Counsel

Learn more about the duty to defend—and the differing laws about an insured’s right to independent counsel after an insurer issues a reservation of rights—from coverage defense counsel George Manos. Watch now » Related Content Insured's Right to Independent Counsel Learn about nuanced circumstances that trigger the right to independent counsel. Insured's Right to Independent...

January 16, 2024

Drafting and Negotiating Agreements between Personal Managers, Talent Agents, and Attorneys

Review the key issues to consider when negotiating and drafting agreements in the entertainment industry between artists and their personal managers, talent agents, and attorneys, along with special considerations when dealing with contracts involving minors. Read now » Related Content Retainer Agreement (Between Attorney and Artist) Tailor this template when drafting a retainer agreement in California between...

January 16, 2024

Following MLK Day, Consider the Importance of Diversity and Inclusion in the Workplace

Diversity, equity, and inclusion are more than just buzz words: they are increasingly imperative for your business, customers, and stakeholders. Yet pitfalls remain. Are you ready to create a more diverse and inclusive work environment? Start with our workplace diversity, equity, and inclusion training presentation by Iveliz R. Crespo of Reed Smith LLP. Read now » Related Content Workplace Diversity, LGBTQ...

January 16, 2024

Responding to FDA Facility Inspections

Check out this practice note for guidance on effectively responding to Form 483 inspectional observations issued by an FDA investigator following a facility inspection. Read now » Related Content FDA Form 483 Inspectional Observations: Best Practices for Responding Video Learn best practices for responding to FDA Form 483 inspectional observations. Life Sciences FDA Matters Representation and Warranty...

January 16, 2024

See Things Clearly with Our Corporate Transparency Act (CTA) Tracker and Guidance!

While many practitioners spent 2023 focused on AI, another acronym has been stalking business owners and corporate lawyers, too—the CTA! The CTA and its beneficial ownership reporting requirements became effective on January 1 this year, subjecting a wide range of entities to new FinCEN reporting requirements. Make sure you keep up to date on the latest rules, requirements, and developments with the new Practical...

January 16, 2024

Continuation Funds: A Continuing Trend

Continuation funds continue to be an attractive way to navigate an uncertain public market and headwinds in the credit environment by lengthening the runway for portfolio investments and generating liquidity for investors. Read about benefits and challenges, market trends, and the impact of recently adopted rules for private fund advisers on these fund transactions. Read now » Related Content Secondary Fund...