May 13, 2025

On Top of the World: Tips for Crafting International Employment Agreements

Do you need guidance on drafting international employment contracts? Read our International Employment Agreements: Key Drafting Tips practice note, by John L. Sander, Michael Watts, and William Ellis, Jackson Lewis P.C. Read Now » Related Content ​ Executive Employment Agreement Resource Kit Find Practical Guidance content related to executive employment agreements. Secondment Agreements: Drafting...

May 13, 2025

Imported Food Prior Notice Requirements

This practice note covers FDA prior notice requirements for imported food, including scope and exceptions, notification contents and timing, methods of submitting notice, and consequences for failing to provide proper notice. Read now » Related Content FDA Import Alerts, Detentions, Refusals, and Seizures Understand FDA enforcement procedures intended to prevent non-compliant regulated products from entering...

May 13, 2025

The Fraud Factor: Strategic Approaches to Carve-Outs in Acquisition Agreements

Contractual disputes regarding allegations of fraud are often complex, time-consuming, and expensive to litigate. Parties may amicably negotiate an acquisition agreement without even considering whether fraud could surface as an issue before or after the closing. Some parties still execute acquisition agreements that fail to define fraud or that include a non-reliance provision rendering fraud carve-outs useless. To best...

May 13, 2025

Real Estate Brokers Splitting Commissions—When is it Permissible?

Real estate activities are highly regulated, and each state has laws governing specific prohibited practices as well as liabilities and penalties for violations. Explore this state law survey covering essential topics such as compensation and commission-sharing between licensed and unlicensed individuals, real estate commission rebate offers to consumers, and unauthorized real estate practice violations and penalties...

May 13, 2025

Crossing Borders, Cutting Taxes: U.S. Tax Treaties in Global Transactions

The United States has tax treaties with nearly 70 countries to prevent double taxation and curb tax evasion. These treaties, based on Article II, Section 2 of the U.S. Constitution, are reciprocal and generally apply to both countries involved. For U.S. citizens or residents receiving income from a treaty country, these treaties can provide credits, deductions, exemptions, and tax rate reductions. In 2025, tax treaties...

May 09, 2025

What's New in Practical Guidance - April 2025

The April 2025 update in Practical Guidance has introduced an extensive array of new resources, refined trackers, and innovative templates across multiple legal practice areas. Designed to address contemporary challenges and shifting market trends, this update equips legal professionals with actionable insights and the latest tools necessary to navigate an evolving regulatory landscape. Cross-Practice Area Resources...

May 06, 2025

Chapter 15's Comity Capers

A recent New Jersey bankruptcy court ruling has spotlighted the utility of Chapter 15 in enforcing foreign bankruptcy court orders in the United States. This decision emphasizes the principle of comity, where one country recognizes the judicial acts of another. Check out this expertly drafted article discussing the decision. Read now » Related Content Chapter 15: Recent Developments Learn about recent developments...

May 06, 2025

Courtroom 2.0: AI's Bold New Frontier

Civil Litigation’s new article delves into how breakthrough technologies—from DeepSeek's expansive reasoning model to OpenAI’s innovative Deep Research—are beginning to transform courtroom dynamics. Our experts highlight how these tools can unlock new avenues for analyzing complex evidence and address the significant risks to offer a balanced perspective for those seeking to harness technological...

May 06, 2025

Nasdaq's Tighter IPO Rules Raise Bar For Small Companies

The Nasdaq stock market is attempting to tame volatility by making changes to their initial listing rules. The changes affect how public float is calculated and raise the minimum amount of public float to $15 million, except for companies that report above a minimum level of net income. Read this article for further details about Nasdaq’s changes to its IPO rules. Read now » Related Content Nasdaq...

May 06, 2025

Mastering AIA Construction Forms: Your Essential Guide

The AIA Resource Kit provides a comprehensive listing of Practical Guidance resources related to the American Institute of Architects (AIA) construction forms, including guidance for selecting and completing the appropriate AIA agreements for any construction transaction and state law adaptations of the AIA forms. Read now » Related Content Owner and Contractor Agreement Resource Kit Discover our collection...

May 06, 2025

Navigating the Maze: Key Rules and Limits in Advertising Franchises for Sale

Discover the essential guide to franchise sales advertising compliance! Ensure your promotional materials meet legal requirements by filing with state authorities in six franchise registration states before use. In non-registration states, adhere to the Federal Trade Commission Franchise Rule and state consumer protection laws to regulate your advertising content. Read now » Related Content Franchising:...

May 06, 2025

FTC's New Privacy Vision: Balancing Innovation and Protection in the Digital Age

In last week’s policy speech to the International Association of Privacy Professionals, FTC Commissioner Melissa Holyoak outlined the Republican majority's vision for data privacy, emphasizing the need to balance privacy harms with the benefits of innovation in AI and digital technologies. She stressed the importance of enforcing existing laws without overextending legal authorities, aiming for a predictable...

May 06, 2025

Is Your Rx Program ERISA-Compliant? Review of Excessive Fee Cases in Health Plans

A recent wave of cases attempts to apply the same theory of liability for retirement plan excessive fee cases to health plans—specifically to arrangements with pharmacy benefit managers. While the cases thus far have been dismissed for lack of standing, health plan sponsors should consider reviewing their prescription drug arrangements (particularly the associated costs) and document a prudent fiduciary process...

May 06, 2025

When You Decide to Level Up Your Solar Energy Project With Battery Backup

The truth is that the sun isn’t always shining. Help your clients enhance their new solar energy projects by understanding the complexities and local laws related to the addition of battery storage. By helping your clients add industrial-scale storage capacity to their projects, or micro-storage capacity to local or residential projects, you can help them qualify for government funding and breeze through the interconnect...

May 06, 2025

Closing the Deal

Preparing to close a deal? Ensure all deliverables are ready, including ancillary documents like the perfection certificate, closing checklist, closing certificates, resolutions, schedules, legal opinions, and closing memorandum. Read this practice note discussing the ancillary documents that are prepared and delivered in connection with a loan financing closing to learn more. Read now » Related Content ...

May 06, 2025

Liquidation & Dissolution of Financial Institutions

Bank failures remain a concern for federal agencies due in part to market volatility, evolving capital adequacy regulations, and economic downturns in the U.S. financial system. Banking agencies play a critical role by monitoring institutions and imposing stress tests to prevent insolvency. As risks escalate, agencies may intervene through dissolution or liquidation to protect depositors and safeguard financial stability...

May 06, 2025

HIPAA Hints: Navigating PHI Breach Notifications

Check out this visual checklist from Practical Guidance – Healthcare to guide you through the required types of notice that must be given regarding a data breach that constitutes a reportable breach of protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) Breach Notification Rule. Read now » Related Content Determining HIPAA-Reportable PHI Breaches...

May 06, 2025

It Smells Like Legal Spirit: Attorney Advertising From Billboards to Blogs

Do a deep dive into laws across the 50 U.S. states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands regarding attorney engagement solicitations, including solicitation of direct prospective clients, public advertisements, and advertisement of certifications. Read now » Related Content Insurance Advertising Compliance Developments Examine advertising compliance requirements for the life...

May 06, 2025

Optimizing PCT Based Filings for U.S. Protection: National Stage Entry vs. Bypass Applications

Deciding between nationalizing a Patent Cooperation Treaty (PCT) application into the United States or filing a bypass application to obtain U.S. patent protection based on a PCT application is an important strategic choice. Review the differences between the traditional 35 U.S.C. Section 371 route and the alternative 35 U.S.C. Section 111 filing, and the key considerations such as deadlines, required documentation, fees...

May 06, 2025

Celebrate Cinco De Mayo With Our New Texas Day of Rest Policy for Retail Employees!

Do you need a day of rest policy for retail employees based in Texas? Read our newly published template, Day of Rest Policy (with Acknowledgment) (Retail Employees) (TX) . Read now » Related Content ​ Day of Rest and Holiday Pay State Law Survey Browse state laws that require employers to provide a day of rest and/or premium holiday pay. Attendance, Time-Off, and Leave of Absence Policies: Best Drafting...

May 06, 2025

Dietary Supplement Health or Structure/Function Claims

This practice note covers dietary supplement structure/function claims and the laws and regulations, administrative guidance, and federal cases that govern them. Read now » Related Content Dietary Supplement Label Checklist Understand general federal labeling requirements for dietary supplements marketed in the United States. FDA Food and Dietary Supplements Regulatory Activity Tracker Follow FDA food...

May 06, 2025

The Art of Limiting Liability: Key Strategies in M&A Indemnification

Indemnification provisions and representations and warranties are critical components in private target acquisition agreements because they determine the allocation of post-closing transaction risks. Once the deal is finalized, each party assumes its own risks within the negotiated indemnification limits. Sellers can reduce their indemnification obligations by incorporating materiality and knowledge qualifiers, narrowing...

May 06, 2025

Disputes Over Lease Security Deposit Deductions

Lease security deposit deductions typically cover repair costs for damages beyond normal wear and tear and cleaning expenses when rentals are returned in substandard condition. However, landlords and tenants often disagree as to when deductions are appropriate. Explore this article regarding a recent U.S. District Court of Massachusetts case discussing the definition of "reasonable" wear and tear and questioning...

May 06, 2025

Global Moves: Tax Planning for Permanent U.S. Expatriation

With multiple European and South American countries promising an affordable retirement, Americans are increasingly renouncing U.S. citizenship and expatriating, some gaining citizenship, outside the United States. Relinquishing U.S. citizenship (or green card status) means not being taxed on worldwide income. IRC Sections 877 and 877A impose an expatriation tax on certain U.S. citizens who relinquish their U.S. citizenship...

April 29, 2025

Second Circuit Plays 'Lease or No Lease’

In a recent decision, the U.S. Court of Appeals for the Second Circuit tackled the issue of distinguishing true leases from financing arrangements in bankruptcy proceedings. The case revolved around whether a shopping center lease was a bona fide lease or a disguised financing arrangement. Check out this expertly drafted article discussing the decision. Read now » Related Content Assumption, Assignment,...