January 16, 2024

Acquiring Property by Eminent Domain

Federal, state, and local governments may take private property for public purposes through eminent domain proceedings. Eminent domain laws differ by jurisdiction and the entity acquiring the real property. Read this practice note explaining New York’s eminent domain process for entities other than the State of New York. Read now » Related Content Eminent Domain Takings Check out this practice note...

January 16, 2024

Are You Secure About Your Tax Return Being Audit-Proof? Learning More About the Federal Tax Statutes of Limitation

Statutes of limitation provide the IRS time to review and seek redress for errors in tax returns, whether intentional or not. Under the general rule, the IRS must assess income taxes, estate taxes, and gift taxes within three years from the later of the date the taxpayer's return is due or the date the taxpayer files the return. I.R.C. § 6501(a) . Generally, the IRS does this through bulk processing operations...

January 15, 2024

Understanding HIPAA Enforcement: Best Practices for Avoiding Penalties

By Robin McManigal | Practice Area Expert The landmark Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( Pub.L.No. 104-191 ) signed into law by President Clinton on August 21, 1996, was a comprehensive piece of legislation that sought to modernize the flow of healthcare information and regulate how personally identifiable information (PII) maintained by healthcare entities should be protected. In...

January 10, 2024

Why Is There So Little Left for Me? Withholding on Supplemental Wages, like Bonuses

Where wages are paid outside ordinary salary, most employers choose to withhold at an optional flat percentage, instead of using the withholding tables. The current flat rate is 22%. Then again, special rules apply to the extent supplemental wages are paid to any one employee during the calendar year which (in the aggregate) exceed $1 million. Where a supplemental wage payment, when added to other supplemental wage payments...

January 09, 2024

Let’s Settle This Once and For All!

You represent a party in a dispute against a distressed company. The parties reach a resolution, and you begin working on a settlement agreement. You need to draft the settlement in a manner that protects your client if the distressed company files for bankruptcy protection. Read now » Related Content Rule 9019 Settlement Agreements Learn the requirements for drafting a motion to approve a settlement agreement...

January 09, 2024

Relationship Advice: Working with In-House Counsel

To maintain a good (and hopefully growing) relationship with in-house counsel, you must carefully set and manage expectations both with respect to the cost of the legal services and the potential outcomes and likelihood of success. Learn proven strategies and practices for maintaining these important relationships. Read now » Related Content Client Intake Form (Federal) Use this client intake form meant...

January 09, 2024

Your Year Ahead: 2024 SEC Filing Deadlines Calendar

Public companies have a considerable number of filings to keep track of every year. Use this calendar as a reference for: when each form must be filed for each type of filer, including FPIs, large accelerated filers, accelerated filers, and non-accelerated filers where appropriate; when forms may not be filed due to holiday closures; and an overview of the periodic, current, and beneficial ownership filings that must...

January 09, 2024

Get Your (Lanham) Act Together!

Gain an appreciation of potential unfair competition claims that can be brought under Section 43(a) of the federal Lanham Act, including liability under the Act for false association and false advertising. Read now » Related Content Consumer Protection Laws Fundamentals Read an overview of the federal consumer protection statutes and regulations. Trade Secret Misappropriation: Elements, Remedies, and...

January 09, 2024

Stay Current on Artificial Intelligence Legislation in 2024

2023 saw an influx of state and federal legislation regulating the use of artificial intelligence (AI) in many practice areas, and 2024 is expected to continue the trend. Save time and stay current by adding an alert for our Artificial Intelligence Legislation Tracker so you can be notified when changes are made. Simply click on the bell icon at the top of the tracker. Create alert now » Related Content ...

January 09, 2024

What Will It Take to Get Employees to Save for Retirement? SECURE 2.0 Act Allows Nontaxable Incentives to Kick-Start Employee Savings

Incentives are good motivators. The SECURE 2.0 Act ( Pub. L. No. 117-328, Div. T ), allows employers to offer de minimis financial incentives to employees to participate in their 401(k) or 403(b) plans. IRS just issued Notice 2024-2 providing guidance on a host of SECURE 2.0 Act provisions, including financial incentive-guidance. A financial incentive under $250 will be considered de minimis and can be offered to employees...

January 09, 2024

Term SOFR Benchmark Replacement Provisions

Make sure you are up to date on the latest trends in the benchmark replacement or fallback provisions for the Term Secured Overnight Financing Rate (Term SOFR). Although benchmark replacement provisions are not as critical as when replacing LIBOR upon its cessation, such fallback provisions remain important and have transitioned to provide for replacing Term SOFR in the event it becomes unavailable. This practice note...

January 09, 2024

Multilaw Global Guide for FinTechs

LexisNexis® offers the Multilaw Global Guide: FinTech with coverage of over 40 international jurisdictions. These guides provide the fintech practitioner with a quick overview of the relevant legal and economic conditions under which fintech services are permitted in each jurisdiction. Access the Multilaw Global Guide: FinTech Resource Kit for a comprehensive view of the offering. Read now » Related Content...

January 09, 2024

Notifying Individuals Following a HIPAA Breach

Take advantage of this template from LexisNexis Practical Guidance – Healthcare to notify patients or plan participants of the possible improper disclosure of their protected health information (PHI). Stay compliant with the Health Insurance Portability and Accountability Act (HIPAA) Breach Notification Rule, which requires covered entities to notify affected individuals within 60 days following discovery of a suspected...

January 09, 2024

Duty to Defend Video Series: Reservations of Rights

Learn about the standards and rules regarding proper reservations of rights letters from Lewis Brisbois partner George Manos . Watch now » Related Content Reservation of Rights Discover the information to be contained in a reservation of rights letter and the considerations that will ensure it is issued properly and in accordance with state statutory and decisional laws. Insurer Duty-to-Defend Standard...

January 09, 2024

Fighting the Opposition or Cancellation? Arm Yourself with this TTAB Proceedings Resource Kit

This resource kit provides an overview of opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB or Board), including preparing and filing pleadings, taking discovery, submitting evidence, and settling TTAB proceedings. It covers the grounds commonly asserted in TTAB proceedings as bases for opposition or cancellation and includes Practical Guidance materials on each of these topics...

January 09, 2024

Happy New ‘Ear! Listen Now to Podcasts from Practical Guidance and Law360

Put down the books, call an audible, and ring in the New Year by listening to our Practical Guidance and Law360 podcasts, conveniently available in place. This resource kit includes a selection of L&E-specific podcast practice notes with links to the podcasts, some of which are featured in the Related Content section below. Listen now » RELATED CONTENT The Metaverse and L&E Podcast Listen to attorney...

January 09, 2024

Adventure into Joint Ventures with this Resource Kit

Joint ventures involve the cooperation between two or more persons or entities to jointly pursue a business opportunity. They can be structured as contractual joint ventures, involve the formation of a new entity, or require investment into an existing corporate structure. The parties will need to review and detail their intended scope, purpose, funding, governance, and exit rights for the joint venture. Explore this...

January 09, 2024

Letters of Intent: Essential for Real Estate Development Joint Ventures

Letters of intent lay out important terms for proposed joint ventures and are prepared prior to proceeding with full-fledged transactional documents. Check out this letter of intent template for a joint venture real estate investment between an investor partner and a developer. Read now » Related Content Real Estate Joint Ventures for Commercial Real Estate Development Delve into this practice note discussing...

January 02, 2024

The New Year Means One Thing: Amendments to the Bankruptcy Rules!

In December 2023, the amendments to the Bankruptcy Rules became effective. The amendments include changes to Bankruptcy Rule 8003 (Appeal as of Right―How Taken; Docketing the Appeal), and new Bankruptcy Rule 9038 (Bankruptcy Rules Emergency). Check out this chart detailing the amendments. Read now » Related Content Bankruptcy Rule Amendments Chart (December 2022) Use this chart to see last year’s amendments...

January 02, 2024

Brave New Law Practice: How Your Clients Will Be Able to Monitor You with AI

With AI, clients will be able to monitor and evaluate their counsel’s activities in new and much more advanced ways. Read now » Related Content Generative Artificial Intelligence (AI) Federal and State Court Rules Tracker Check out this tracker that links to various individual rules and standing orders, and summarizes the requirements for those courts. Generative Artificial Intelligence (AI)...

January 02, 2024

Form 10-K Form Check: Checklist

As the year draws to a close, domestic public companies are putting together one of their most critical periodic filings: their annual reports on Form 10-K. Use this form check checklist to go line by line through this large and complex filing, to see recent updates to the requirements of the form, and to organize the preparation of your client’s filing for the deadline in 2024. Read now » Related Content...

January 02, 2024

Surety Performance and Payment Bonds

A surety bond protects the owner of a construction project by guaranteeing completion of the project if the contractor defaults. The existence of surety bonds on a project, in theory, ensures that the project will be completed for the contract price and that liens will not be filed by contractors and suppliers. Learn how surety bonds work. Read now » Related Content Construction Contract Methods of Compensation...

January 02, 2024

There’s No Shortage in the Supply Chain of Disputes

Acquire knowledge about supply chain disputes, including measures counsel can take to prevent and resolve disputes that occur in your client’s supply chain network, as well as how contract terms can be drafted to protect clients regarding such disputes. Read now » Related Content Supply Chain Fundamentals Gain an overview of the supply chain, including a discussion on what the supply chain is, marketing...

January 02, 2024

Ring in 2024 with the “Bell” on our Consumer Privacy Legislation Tracker

2023 saw eight additional states enacting comprehensive consumer privacy laws (including Florida) and the trend will likely continue. Stay on top of 2024’s new bills by clicking the bell icon at the top of our Privacy Legislation Tracker: State Comprehensive Consumer Privacy Bills to set an alert. Create alert now » Related Content State Law Comparison Tool, Consumer Data Privacy Topic Compare comprehensive...

January 02, 2024

Happy New Year! Are You Ready for New SECURE 2.0 Act Rules to Take Effect?

The SECURE 2.0 Act ( Pub. L. No. 117-328, Div. T ), which was included within the Consolidated Appropriations Act, 2023, has provisions with effective dates from 2023 to 2033. For 2024, some rules are mandatory and some are optional. Learn more by reading this timeline of SECURE 2.0 changes. Read now » Related Content SECURE 2.0 Act Impact on Retirement Plan Compliance and Administration Reference the many...