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March 25, 2025

Senators Again Push Bill to Boost Online Protections for Teens

Two U.S. senators have revived a longstanding legislative proposal that would expand digital privacy protections to cover teens between the ages of 13 and 16, ban targeted advertising to minors, and require companies to enable the erasure of underage users' personal information. If enacted, the reintroduced Children and Teens' Online Privacy Protection Act would be the first major update to the rules governing...

March 25, 2025

Essential Information for Negotiating and Drafting Sales and Purchase Agreements

Learn about critical terms and provisions essential to negotiating and drafting a sale of goods agreement. Areas covered include pricing and payment terms, intellectual property rights, confidentiality and date protection, liability, indemnification, and term and termination. Read now » Related Content Contracts for Goods or Services Highlight the importance of well-crafted contracts in global commerce with...

March 25, 2025

Blue Sky Regulations (MD)

When making a securities offering that is not exempted from state registration requirements or preempted by federal securities laws, issuers are required to follow the qualification rules of each state in which they make the offering. While there are broad similarities among methods of qualification among various states, there can be significant variation from state to state. Review this guidance for the forms, fees,...

March 25, 2025

Insider Tips for Engaging Boards and Execs: Strategic Briefing Hacks

Navigating ongoing litigation requires a strategic approach, especially when briefing senior management and boards. Our expert-authored practice note provides essential guidance on presenting the litigation process, fiduciary duties, risk management, budgeting, and more to senior management and the executive board. Keep your client informed to maintain trust and satisfaction. Access the full practice note to enhance your...

March 25, 2025

Empower Your Bankruptcy Practice: Essential Tools for Consumer Cases

Unlock the full potential of your consumer bankruptcy practice with our exclusive resource kit! Dive into Practical Guidance materials designed to streamline your casework and provide invaluable insights for representing your clients. Don't miss out on these essential tools—click to access now! Read now » Related Content Chapter 7 Liquidation Review this practice note for the requirements for and...

March 19, 2025

Blue Sky Requirements for Securities Offerings under Rule 506 of Regulation D (NY)

When making a Rule 506 securities offering, although state registration or qualification is not required, issuers must still follow state notice requirements. States generally require a Form D and a filing fee, although there is a small amount of variation from state to state. Review this Q&A for the forms, fees, deadlines, and submission process for filing in New York State. Read now » Related Content ...

March 18, 2025

When the Tax Collector Comes Knocking: IRS Tax Collection

In 2025, navigating the IRS's tax collection process is more critical than ever, as changing tax laws and economic shifts demand vigilance from both individuals and businesses. The IRS, armed with a formidable team of Revenue and Appeals Officers, is tasked with collecting taxes through various methods, from returns to levies. Once a tax liability is assessed—whether due to incomplete payments, substitute returns...

March 18, 2025

Do We Have Any Common Interests?

Every state regulates common interest ownership, which may include condominiums, townhomes, cooperatives, and planned communities. Refer to Practical Guidance’s survey for state laws covering topics such as condominium conversions, public offering and disclosure statements, lien priority of delinquent owners, and more. Our survey compares all 50 U.S. states, the District of Columbia, and the U.S. Territories. ...

March 18, 2025

De-SPAC Clause: Trust Account Representations

Special purpose acquisition companies (SPAC) that raise funds through an initial public offering must hold those funds in a trust account. SPACs have no business operations, but the proceeds in the trust account are used for stockholder redemptions and funding the business combination transaction. Add this trust account representation to the SPAC representations and warranties to assure the target company there are no...

March 18, 2025

Pharmacist-Provided Immunization and Vaccination State Law Survey

This state law survey, covering the 50 U.S. states, the District of Columbia, and the U.S. Territories, addresses key topics related to the administration of vaccines and immunizations by pharmacists, including continuing education requirements, administration restrictions, administration to minors, and reporting requirements and opt-outs. Read now » Related Content Informed Consent for Clinical Trials Form...

March 18, 2025

“Magnum AI”? Artificial Intelligence and Workplace Investigations

Do you need guidance on using artificial intelligence (AI) in workplace investigations? Read our newly published practice note, Artificial Intelligence (AI) and Workplace Investigations , by Vance O. Knapp, Kayla Panek, and Alen Samuel of Fisher & Phillips LLP. Read now » Related Content Workplace Investigation Resource Kit Find guidance on topics related to internal and external workplace investigations...

March 18, 2025

Precision Matters: A Deep Dive Into Understanding Patent Claim Indefiniteness

Explore a comprehensive review of the definiteness requirement for utility patent claims under 35 U.S.C. § 112(b). This practice note reviews indefiniteness statements of law that can be used in legal briefs, opinion letters, expert reports, and more. By addressing key aspects such as claim construction, the role of a person of ordinary skill in the art, and specific language considerations, this note equips readers...

March 18, 2025

MGAs: The Secret Sauce Behind an Insurance Policy's Success

Learn about managing general agents (MGA) and their role in insurance distribution and operations. Read now » Related Content Managing General Agent or Program Administrator Selection Due Diligence Checklist Review pertinent information the MGA should have on hand for potential insurer clients and that an insurer should require before engaging with an MGA to operate its program of insurance in a given state...

March 18, 2025

Safe Harbors and the Anti-Kickback Law

Check out this practice note from Practical Guidance – Healthcare addressing the application of safe harbors under the federal Anti-Kickback Law and analyzing Centers for Medicare & Medicaid Services commentary relating to the anti-kickback safe harbors. The practice note also examines Special Fraud Alerts issued by the Office of the Inspector General of the Department of Health and Human Services. Read now...

March 18, 2025

SEC Issues Statement on Meme Coins

Meme coins are not considered securities subject to federal securities regulations. This statement from the Securities Exchange Commission (SEC) staff means that transactions involving meme coins do not require registration, supervision, or enforcement by the SEC. Access this client alert digest to read more about the SEC Staff Statement on meme coins and find links to insights from law firm client alerts and memoranda...

March 18, 2025

The Backbone of Syndicated Credit: Administrative and Collateral Agents Explained

Agents play a critical role in a syndicated credit facility. Discover how these key players navigate negotiations, manage syndicates, and ensure smooth transactions. Don't miss out on insights that could enhance your practice and client outcomes! Read now » Related Content Credit Agreement Resource Kit Access the resources you need to know about credit agreements. This resource kit includes Practical...

March 18, 2025

What Phase are We In?

Wind leases generally contain an option or development phase, where a wind developer runs tests and maintains the ability to make a decision whether to proceed with the wind development. This period of years is all-important, as a nine or ten figure investment is predicated on the outcome of testing during this phase. Learn how to negotiate an option phase clause on behalf of your clients by watching our Wind Leases:...

March 18, 2025

Invest with Us! Using Private Equity Fund Investment to Diversify ERISA Plan Investment

ERISA plan fiduciaries are often asked to consider investment of retirement plan assets in a private equity fund. In the United States, private equity funds are structured with features for various investments like venture capital and buyouts. Managed by sponsors, they earn fees and share profits. Funds are often LLCs or LPs for tax efficiency. Structures include investment funds, GPs, and management companies, with additional...

March 18, 2025

Best Practices for Advising on Privacy Law Issues for Developers and Deployers of Generative Artificial Intelligence

The development and deployment of generative artificial intelligence (AI) tools present unique challenges under U.S. and European Union privacy laws and regulations. This practice note explores these obligations at a high level and identifies emerging legal issues and best practices for attorneys advising clients on these matters. Read now » Related Content Generative Artificial Intelligence (AI) Resource...

March 18, 2025

Don’t Drop the Ball on Your Client’s Drop Shipments!

Get valuable insight on how drop shipments can be utilized in sale of goods transactions to enhance a client’s supply chain strategy. Learn about some of the common advantages and disadvantages associated with drop shipments, as well as legal risks that should be considered for such transactions. Read now » Related Content Supply Chain Fundamentals Review this practice note for a comprehensive overview...

March 18, 2025

Revolutionize Your Practice: The Power of KM and AI in Law Firms

Unlock the full potential of your law firm's Knowledge Management (KM) department with our expert’s insightful practice note. By understanding and integrating these resources into your practice, you can enhance efficiency, streamline workflows, and elevate the quality of client services. Whether you're a new attorney or a seasoned partner, our practice note offers valuable recommendations to harness KM's...

March 18, 2025

Cramdown Craze: Drafting a Section 1129(b) Cramdown Memo

You represent a Chapter 11 debtor that is swiftly moving toward confirmation and need to draft a memorandum of law in support of confirmation under Section 1129(b) of the Bankruptcy Code (i.e., cramdown). Check out this template memo of law with detailed drafting notes and alternate and optional clauses Read now » Related Content Memorandum of Law in Support of Chapter 11 Consensual Confirmation (11 U.S...

March 18, 2025

The Revival of the Robinson-Patman Act

The Robinson-Patman Act (RP)—which prohibits certain forms of price discrimination—has been the odd man of the antitrust laws for decades. Since the 1980s, antitrust has focused on consumer welfare and competition, rather than protecting the “little guys.” RP, however, was motivated as a competitor protection law. Thus, government enforcement plummeted, and courts struggled to make sense of the...

March 14, 2025
What’s New in Practical Guidance – February 2025

What’s New in Practical Guidance – February 2025

February 2025 brings a host of exciting new features and updates to the Practical Guidance product, enhancing its utility across various legal practice areas. This month's updates focus on executive actions, cross-practice resources, corporate and M&A, financial services regulation, healthcare, labor and employment, real estate, and trusts and estates. Hot Topic Coverage on Executive Actions Hot topics this...

March 12, 2025

How Will the IRS Function after DOGE Dismissals?

Executive Order 14210 issued by the Trump Administration calls for a "critical transformation of the Federal bureaucracy," which provides, among other things, submission of a plan by the Director of the Office of Management and Budget (OMB) to reduce the size of the federal government's workforce. An earlier executive order placing a hiring freeze for federal civilian employees requires that each agency...